Announcement

Collapse
No announcement yet.

Paycheck withheld, overtime refused Texas

Collapse
This topic is closed.
X
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • LonestarWorker
    started a topic Paycheck withheld, overtime refused Texas

    Paycheck withheld, overtime refused Texas

    Hello - I have recently resigned from work to take another job. My previous employer is withholding my paycheck and refusing to pay my over time hours. The employer is a small web-based startup, we have employees across the world. On a daily basis I held meetings, brainstorming sessions, phone calls, etc with people around the world for commercial purposes. I think this qualifies me for FLSA insurance as "interstate commerce."

    Because I think I am covered, my employer has no cause to withhold my pay. Also, I think I am entitled to my overtime for the last 180 days. I think the employer will require a contract to be signed, stating I won't seek overtime pay. As far as I know, an employee is not legally able to reject overtime wages, so it doesn't matter if said contract is signed. Am I understanding that correctly?

    I don't know if this info will help, but I keep records of my hours, and hand them in at the end of each pay period. Therefore my record of hours is the only record the employer could possibly have. I have been keeping track of my overtime.

  • lolcat
    replied
    In answer to your last question, if you think asking your employer will produce the wages faster, that would be where to start.

    Leave a comment:


  • Betty3
    replied
    Ok. I would go ahead & file the wage claim for all wages due including OT.

    Leave a comment:


  • LonestarWorker
    replied
    Thanks for your reply! I intended "insurance" in a generalized sense (FLSA "ensures" I'll be paid, etc ...) Sorry for the confusion.

    For the employer, I was a full-time, hourly paid employee. I worked as a web site builder. I didn't supervise anyone in any capacity, I was just given a graphical design and told to make it a web page. I usually worked 40 hour weeks, but if I didn't I was paid for the actual hours worked (i.e. I was an actual hourly employee). The pay rate was $17 hourly.

    Leave a comment:


  • cbg
    replied
    Assuming that you are a non-exempt employee, it is not possible to waive your right to overtime; that is correct. If you are an exempt employee, then you never, under any circumstances whatsoever, are entitled by law to overtime even if you work 168 hours a week.

    From what you have posted, it is not possible to determine if you are exempt or non-exempt. Although many people try to define it as hourly and salaried, that is incorrect. Not all non-exempt employees are paid hourly; not all exempt employees are salaried.

    An employee who earns less than $455 per week is automatically non-exempt. (In some states this amount is higher, but Texas follows the Federal limit.) If the employee earns $455 or more weekly then it is the job duties and sometimes the industry that determines exempt/non-exempt status.

    FLSA is not insurance of any kind; it is the name/acronym of the law that determines how most employees in the US are paid. The full name is the Fair Labor Standards Act and it has been around since the 30's.

    Leave a comment:


  • LonestarWorker
    replied
    Thank you both. Is there a requirement that I ask the employer directly first? Ideally that seems like the fastest way to get paid, but I doubt they will cooperate.

    Leave a comment:


  • Texas709
    replied
    File a wage claim

    If you believe you are owed wages, and that you have not been paid in accordance with the Texas Payday Law, you may file a claim for unpaid wages by following the instructions linked here: http://www.twc.state.tx.us/ui/lablaw/lablaw.html.

    The Payday Law requires that all wages due be paid by the next regularly scheduled payday for a resigning employee. That would include overtime. If the claim includes wages due from prior periods, a claim can cover wages due for up to 180 days prior to the date of the claim filing.

    Leave a comment:


  • Betty3
    replied
    You could file a wage claim with the TWC.

    (OT cannot be waived contract or not)

    http://www.twc.state.tx.us:80/ui/lablaw/lablaw.html

    Leave a comment:

Working...
X