Unpaid Overtime

Overtime Under the FSLA

The Fair Labor Standards Act (FLSA) 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 FLSA identifies the workweek as consisting of 168 hours and seven consecutive 24-hour periods. While the FLSA 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 FLSA does not mandate overtime pay rates for these shifts.

Common Overtime Violations and Employee Rights in Texas

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 FLSA 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 us online to discuss your overtime pay concerns with a dedicated attorney in Tyler, TX.

Exempt vs. Non-Exempt: Understanding Your Employment Status

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:

  • Automotive
  • Education
  • Foodservice
  • Government
  • Healthcare
  • Industrial
  • Manufacturing
  • Retail
  • Service industry
  • Technology

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 an Tyler overtime lawyer at Hommel Law Firm. During our initial consultation, I can help you determine if you have a case against your employer.

Are Overtime Hours Taxed Differently in Texas?

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 Impact of the 2019 FLSA Overtime Update

On September 24, 2019, the U.S. Department of Labor released an overtime update to the FLSA, 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 FLSA 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, contact Hommel Law Firm. As a dedicated Tyler overtime lawyer, I listen to my clients with compassion and am tireless in the pursuit of justice.

To get started on your case today, submit an online questionnaire or call Hommel Law Firm at (903) 412-3788 for a consultation with a skilled overtime attorney in Tyler, TX.

Tyler Overtime Attorney

Hommel Law Firm Cares About Employees

We put our heart and soul into our jobs, and sometimes this translates into working overtime. Under the Fair Labor Standards Act (FSLA) overtime provisions, non-exempt employees are entitled to premium wages when they work more than 40 hours per week. If you logged overtime hours for your employer and did not receive the appropriate overtime compensation you were owed, I can help.

Why Trust Hommel Law Firm with Your Overtime Claims in Tyler

Unlike other attorneys, Hommel Law Firm exclusively represents employees. I have over 30 years of experience and am board-certified in Labor and Employment Law. As an experienced litigator, I have taken over 100 cases to a jury trial. I am not afraid to take a case to court, and I advocate fiercely for my clients.

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Tailored Justice, Proven Results: Our Track Record of Settlements & Verdicts

Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.

  • Federal court delivered a verdict for violations Federal court delivered a verdict for violations of the Americans with Disabilities Act.
  • $175K Gross, $114K Net Recovery Motor Vehicle Accident with 18 Wheeler
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  • $98K Gross, $65K Net Recovery Oilfield Services Overtime - 2 employees

    The result was a settlement of $98,000 net to clients $65,000.

  • $325K Gross, $189K Net Recovery Police Shooting Death
  • $140K Gross, $90K Net Recovery Police Shooting Death

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  • Over 100 Cases Taken to Jury Trial
    The Hommel Law Firm's results speaks for themselves. If you have a case, Mr. Hommel will take it to trial.
  • Exclusively Representing Employees
    Because the Hommel Law Firm believes in seeking justice for those who have been treated unfairly in the workplace, Mr. Hommel only fights for employees, not the employers.
  • Over 30 Years of Experience
    With over 30 years of experience, Bill Hommel is prepared to listen to you and will not hesitate to take your case to trial to get the results you deserve.
  • Board Certified Attorney
    Attorney Bill Hommel is Board Certified in Civil Trial Law, Labor and Employment Law, and Personal Injury Trial Law by the Texas Board of Legal Specialization. Only about 3% of attorneys in the area are Board Certified Trial Attorneys.