At Amaro Law Firm, we’re focused on protecting workers’ rights and ensuring that they are given their due compensation, whether they have been injured in an accident or denied overtime pay that rightfully belongs to them. When the Fair Labor Standards Act, also known as the Wages and Hours Bill, was enacted in 1938, it established basic provisions such as minimum wage, a 45-hour workweek (later reduced to 40 hours), and overtime pay for certain jobs.
Federal Overtime Law
Overtime pay is defined as “time and a half,” which is 1.5 times the rate of normal pay. For example, if an employee normally earns minimum wage (which is $7.25) and works more than 40 hours a week, they will receive $10.88 for every hour after the initial 40. It is illegal for an employer to waive overtime pay. It is considered invalid for an employer and an employee to make an agreement which states that time spent working beyond 40 hours per week is not eligible for pay. Similarly, even if the employer says it will only be counted if it is authorized in advance, these reasons will not hold up in court. The employee is still entitled to overtime pay.
Some employees, however, are exempt from overtime pay because of their profession. Businesses that do not have to pay overtime are as follows:
- Institutions who care for the sick, mentally ill, elderly, or disabled and whose residents reside on the property
- Schools for children who are mentally disabled, physically disabled, or gifted
- Primary, elementary, secondary schools
- Institutions of higher education such as colleges and universities
- Local, state, and federal government agencies
- Firms which have less than $500,000 of annual business
Also, there are particular types of employees who are exempt from overtime pay. These include, but are not limited to:
- Workers of seasonal amusement parks
- Seamen on foreign vessels
- Newspaper delivery people
- Employees of certain small newspapers
- Executive, administrative, and professional employees
- Certain types of skilled computer professionals
- Domestic service workers who live with their employer
This list is not comprehensive, and there are some situations in which overtime rates may still apply, so it is in your best interest to discuss your claim with a skilled Houston personal injury lawyer.
Obtaining the Pay Your Are Owed
If you have worked more than 8 hours a day or more than 40 hours in a week, you may be owed overtime pay. At Amaro Law Firm, we help our clients fight for their rights and recover their overtime wages. Contact our firm for a case evaluation, free of charge.