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  • Texas Salaried Employee

    I work for a restaurant in Texas, as assistant manager, split shifts, I work 50 hours per week for a weekly salary of $350. My employer recently said I have to start working 60-70 hours per week.

    1. Is there a law governing how many hours per week a salaried employee can be made to work.

    2. Do salary employees working over 40 hours per week have to be paid overtime?

    3. Is there a law governing salaried employees at all?

    Please, when you answer, give me the source of information so I can have proof for my employer.

    Thanks!

  • #2
    1. No

    2. Salary is just a pay method. If you are exempt http://www.dol.gov/esa/regs/complian...a_overview.htm then no, you aren't entitled to OT. If you are not exempt, then you must be paid OT whether you are paid salary or not. To be exempt you would also need to be paid at least $455 per hour.

    3. The federal law is Fair Labor Standards Act.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #3
      Originally posted by antx101 View Post
      I work for a restaurant in Texas, as assistant manager, split shifts, I work 50 hours per week for a weekly salary of $350. My employer recently said I have to start working 60-70 hours per week.
      Originally posted by antx101 View Post
      1. Is there a law governing how many hours per week a salaried employee can be made to work.
      There are only two states in the country that limit the number of hours an employee may be required to work and Texas is not one of them. They COULD require you to work 24 hours a day, seven days a week. Laws do not stop employers from being stupid.

      Originally posted by antx101 View Post
      2. Do salary employees working over 40 hours per week have to be paid overtime?
      Exempt employees do not have to be paid overtime. You are not exempt.

      To be exempt, you would have to make at least $455 a week AND meet other "tests." An assistant manager could meet those tests, but your salary fails, so you are non-exempt and should be paid overtime.

      See http://www.dol.gov/esa/regs/complian..._executive.htm

      Originally posted by antx101 View Post
      3. Is there a law governing salaried employees at all?
      Absolutely. It is called the Fair Labor Standards Act.

      See http://www.dol.gov/esa/regs/complian...ions_final.htm
      Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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      • #4
        thanks

        Thanks so much for your replies - I put that I earned $350 per week, fingers hit the wrong keys - it is $470. But I'll go check the sites you gave me. I think it's stupid for them to want me to work those many hours, something about the hours and the sales don't coincide for all employees. I can't do it.

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        • #5
          Still, if you're spending the majority of your time doing nonexempt work, you're very likely misclassified as an exempt employee and you should be getting overtime pay.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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