Overtime Under the FSLA
The Fair Labor Standards Act (FSLA) establishes that overtime pay is a minimum of one and one-half times the employee's normal rate. Overtime is classified as hours worked in excess of 40 hours in a week. The FSLA identifies the workweek as consisting of 168 hours and seven consecutive 24-hour periods. While the FSLA does require overtime pay, there is no limit on the total number of hours an employee can work during a single workweek.
Though some employers elect to pay their employees premium rates for night, weekend, and holiday work, the FSLA does not mandate overtime pay rates for these shifts.
Common overtime violations include:
- Withholding overtime pay from employees
- Not paying out earned overtime at the correct rate
- Delaying payment of earned overtime
- Pressuring employees to work off the clock
- Not recording all overtime hours worked
- Misclassification of employees as exempt
- Forcing workers to work through unpaid breaks
- Making employees take work home and then not paying them for that work
While the FSLA does not specify on which day a workweek must start, employers are not allowed to average hours over a two-week period. Additionally, overtime pay must be paid on the normal pay schedule and on the paycheck associated with the pay period in which the overtime was earned.
Schedule a consultation with Hommel Law Firm today by dialing (903) 412-3788 or contact me online.
Exempt vs. Non-Exempt Employees
You may have heard the terms "exempt" and "non-exempt" before but aren't sure what these terms mean when it comes to your employment status. Non-exempt employees (often referred to as hourly employees) must be paid both the federal minimum wage ($7.25) and, when applicable, overtime pay. Exempt employees are generally paid a set salary, regardless of the hours they work. Exempt employees are not typically entitled to minimum wage or overtime pay.
Most industries in the US rely on hourly, non-exempt employees, including:
- Service industry
While many people conflate the terms "exempt" and "salaried," some employees who receive a salary are, in fact, non-exempt and entitled to overtime pay. Understanding employment classifications and overtime laws can be difficult. If you believe you should have received overtime pay and didn't, reach out to Hommel Law Firm. During our initial consultation, I can help you determine if you have a case against your employer.
Are Overtime Hours Taxed?
The state also does not have a state income tax, which means your salary is only subject to federal income taxes if you live & work in Texas. There is also no local income taxes.
However, overtime pay is taxed using the same rules as regular pay. If you earn 1.5x pay for overtime work, you will add this to your regular pay and calculate taxes on the full amount.
The 2019 FSLA Overtime Update
On September 24, 2019, the U.S. Department of Labor released an overtime update to the FSLA, updating earning thresholds for exempt employment status. The overtime update's final rule went into effect on January 1, 2020 and makes an additional 1.3 million American workers eligible for overtime pay. Previously, administrative, executive and professional employees making $455/week (or $23,660/year) could be classified exempt. Under the new rule, employees must earn $684/week (or $35,568/year) to be classified as exempt.
Undoubtedly, this overtime update to the FSLA is a great boon to American workers. However, some employers are unhappy about this new rule and are doing their best to avoid paying their employees the overtime compensation they are entitled to. If you have been the victim of an overtime wage violation by your employer, call Hommel Law Firm. As a dedicated Tyler overtime lawyer, I listen to my clients with compassion and am tireless in the pursuit of justice.
Poultry Plant Workers Wage & Hour Collective Action $3.12M gross, $2.24M Net Recovery$3.12 Million gross, $20,000 Expenses, $750,000 Attorney's Fees
Police Shooting Death $325K Gross, $189K Net Recovery$325,000, $24,692 Expenses, $120,123 Attorney's Fees
Wage & Hour Collective Action $1.375M Gross, $800K Net Recovery$1.375 Million Gross, $800,000 Net Recovery to Clients
Oil Field Workers Wage & Hour Collective Action $780K Gross, $115K Net Recovery$780,000 Gross, $10,500 Expenses, $253,833 Attorney's Fees
Sexual Harassment By Supervisor $95K Gross, $66.5K Net Recovery$95,000 Gross, $1,830 Expenses, $37,268 Attorney's Fees
Motor Vehicle Accident with 18 Wheeler $175K Gross, $114K Net Recovery$175,000, $2,142 Expenses, $60,500 Attorney's Fees
Police Shooting Death $140K Gross, $90K Net Recovery$140,000 Gross, $14,892 Expenses, $50,043 Attorney's Fees
Oilfield Services Overtime - 2 employees Settlement
Recovery of $95,000 in unpaid overtime for two oilfield service workers
Workplace Injury & Wrongful Termination $175K Gross, $102K Net Recovery$175,000 Gross, $102,000 Net Recovery for Client