Overtime Claims in Texas
The Fair Labor Standards Act (FLSA for short) is the major piece of federal legislation that regulates the labor and employment relationship. Most significantly, the FLSA sets nationwide standards for the hours employees can be required to work, overtime pay provisions and minimum wage provisions.
RELATED: Texas Overtime Laws
The attorneys at Lindquist Wood Edwards LLP, based in Dallas, regularly regularly handle wage and hour claims for employers and employees. We also advise employers concerning compliance with the FLSA and other employment law issues.
The FLSA requires employers to compensate their employees at a rate of one and one-half their ordinary wage for all hours worked over 40 in a workweek. The FLSA does not, however, require overtime for any hours worked over eight hours in a day, although many employers choose to do so voluntarily or through employment contracts. The FLSA does not require employers to pay overtime for work performed on weekends or holidays either.
In addition to the FLSA, a companion piece of legislation known as the Portal-to-Portal Act was passed to clarify and correct discrepancies in compensable time under the law. This interrelated law prevents employers from not counting certain activities done in preparation for shift work. Generally speaking, so long as the activities an employee performs are being done for the benefit of the employer, the time should be counted toward FLSA overtime requirements.
Who Is Entitled To Overtime Pay?
The issue most frequently litigated under the FLSA is whether employees are entitled to overtime pay for hours worked over 40 in a workweek. The FLSA distinguishes between exempt employees, who are not entitled to overtime pay, and nonexempt employees, who are.