09-18-2005, 04:54 AM
I started woking at a retail job Aug 05 in Texas - I could not commit to full time until Oct 1. My employer and I agreed that this was fine.If I work more than 40 hours in Aug or Sept should I be paid overtime and if so how much? Also ,we are scheduled to work 9 hour days and only get paid as if we were working 8 and only get about 10 minutes to eat lunch is this fair in the state of Texas? On my first pay check 8/13 - 8/30 I worked 100 hours and was paid - my new salary which begins in Oct - but for my next check 8/31 - 9/10 I worked 39.25 and was only paid by the hour and was not paid for a holiday or the one day I was ill - is this fair?
09-18-2005, 08:21 AM
Most of this is not only unfair, it is illegal.
First of all, according to federal wage and hour regulations, to which all states must adhere, unless your meal break is at least 20 minutes and you are relieved of all duty during that time, the break is compensable and the time worked must be considered when determining whether overtime is due.
Subsequently, if such worked hours exceed 40 in a workweek, you must be paid time-and-a-half for all such excess hours. The issue then becomes what 7-day period your employer has established as the workweek. The beginning and ending day of your weekly work schedule is irrelevant to this requirement.
However, rest breaks and meal periods are not required by law for Texas employees 18 years of age and older. The only restrictions, for retail employees specifically, is that you are entitled to one day of rest in seven.
http://www.capitol.state.tx.us/statutes/la.toc.htm See Section 502.001.
And not that you asked this question, but when you go full-time, "salaried" is only a pay method. If you are not an exempt employee, the employer must still pay overtime is you work over 40 hours in a work week.
10-15-2008, 04:21 PM
The web address that you posted to view info about laws concerning retail employees and one day of rest within seven has been moved. I went to the new site and looked for the section you mentioned and nothing came even close to this topic. Can you help me with this?
I also need to know what regulations there are in the State of Texas for exempt employees when it comes to paid time off and non paid time off. What is the employer required to give and in what time frame?
To help you better. I work Monday - Saturday 8:00-6:00or 7:00pm with usually no lunch break. This time is worked from January through Thanksgiving. From Thanksgiving through Christmas I work Monday - Saturday 8:00-6 or 7:00pm and Sunday 11:00-5 or 6pm. I usually work about 2 days a week a couple hours outside of these hours.
Any info or help with topic would be helpful.
10-15-2008, 10:33 PM
jewelsr - would you please start your own new thread. You posted to an old thread from 2005. Thank you. :)