As a Texas attorney representing countless workers in unpaid overtime and personal injury cases, I frequently encounter a common misconception: salaried employees are automatically ineligible for overtime pay. This couldn’t be further from the truth. Understanding Texas overtime regulations and the distinction between exempt and non-exempt employees is crucial for ensuring you receive the compensation you deserve.

Do Salaried Employees Get Overtime?

The short answer is: sometimes. While”salary” suggests a fixed compensation regardless of hours worked, federal and Texas labor laws provide specific criteria that determine overtime eligibility. Being paid a salary does not automatically disqualify an employee from receiving overtime pay.

Overtime Pay for Salaried Employees: Exempt vs. Non-Exempt

The key to understanding overtime for salaried employees lies in the distinction between “exempt” and “non-exempt” classifications. The Fair Labor Standards Act (FLSA), a federal law that sets the standard for minimum wage and overtime pay, determines these classifications.

• Non-Exempt Employees: These employees are entitled to overtime pay at one and a half times their regular rate for any hours worked over 40 in a workweek. This applies regardless of whether they are paid hourly or on a salary basis.
• Exempt Employees: These employees are not entitled to overtime pay. To be considered exempt, an employee must meet specific criteria related to their job duties, responsibilities, and salary level.

Texas Overtime Regulations and the FLSA

Texas adheres to the FLSA’s guidelines. For a salaried employee to be exempt, they generally must:

• Be paid a salary of at least a certain threshold amount.
• Perform job duties within the FLSA’s exempt categories, such as executive, administrative, or professional roles.

How to Determine if a Salaried Employee is Entitled to Overtime

Determining your exempt or non-exempt status requires thoroughly analyzing your job duties, not just your job title. Here are some key factors to consider:

• Job Duties: Do you primarily perform managerial, administrative, or professional tasks? Do you have the authority to hire, fire, or significantly influence employment decisions?
• Salary Level: Does your salary meet the minimum threshold required for exemption?
• How you are paid: While being paid a salary is a factor, it is not the only factor.
• Actual Job Duties: What you are doing daily is what matters, not what your job description says.

If your job duties do not align with the FLSA’s exempt categories, you are likely entitled to overtime pay, even if you are paid a salary.

How Many Hours Can a Salaried Exempt Employee Be Forced to Work in Texas?

Even if an employee is classified as exempt, no employers still have a responsibility to provide a safe and reasonable work environment. Excessive work hours can lead to serious health and safety concerns. However, Texas has no set maximum number of weekly hours for exempt employees.

If You Believe You Are Owed Overtime

If you believe you have been misclassified as an exempt employee and are owed overtime pay, it is essential to seek legal counsel. As a Texas attorney specializing in unpaid overtime cases, I can help you understand your rights and pursue the compensation you deserve.

Contact Josh Borsellino Today

Don’t let your employer deprive you of your hard-earned wages. Visit my website, www.oilfieldovertime.com, and complete our intake form, or email me here. I am committed to fighting for the rights of Texas workers.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. You should consult with an attorney to discuss your specific ^one situation.