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Overtime Pay in Texas

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  • Overtime Pay in Texas

    My office gets paid on the 15th and 30/31st of every month. Our normal hours of operation are M-F 8-5, some weekends required during high volume times. To my understanding, based on everything I've read, if more than 40 hours is worked in one 7 day week overtime pay is required, regardless of pay schedule. However, the person doing our payroll says "if there are 11 work days in this pay period, only hours over 88 are eligible for OT pay." This doesn't seem correct to me, because what if I worked 60 hours in 7 days, then 28 the following 7 days? You're telling me I won't get paid 20 hours overtime and all 88 are regular pay? It just doesn't make sense to me. I want to know if this is legal, or if I need to contact the DOL and file a complaint?

  • #2
    What is your industry?

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    • #3
      Public Accounting

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      • #4
        yes, it's legal you may contact them

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        • #5
          It is legal?

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          • #6
            The reason I asked about the industry is that some industries have their own laws regarding overtime pay. Public accounting is not one of those industries. You should be receiving overtime pay for all hours over 40 in each individual week, regardless of when you are paid. This is one reason why semi-monthly pay (twice a month) can be problematic over bi-weekly pay (once every two weeks). If you are not being paid according to the FLSA, and it sounds as if you are not, the correct course of action, as you indicated, would be a complaint to the TWC.

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            • #7
              You are correct, overtime is owed for hours worked in one week over 40. Keep in mind that they are free to set the day the work week begins according to their needs; it need not be on the weekend.

              Before going to the TWC, I would try to work it out internally. Is there anyone over the payroll person you can talk to?

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              • #8
                I have tried to resolve it internally, but I'm walking on eggshells after "setting a fire" about the whole issue. I'm probably close to losing my job if I say anything else internally.

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                • #9
                  You cannot *legally* lose your job for making a wage complaint. But you're safest if you make the wage complaint to the overseeing agency, which is the TWC. While I agree in theory that it's generally best to try to work it out internally, if you think there's a real chance that you'll be fired for making any more waves, do go to the TWC. That's protected - internal complaints are not protected to the same degree.

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                  • #10
                    "Legally" I should not lose my job over that, but at the same time Texas is an "at will" state. Therefore, they can fire me for almost any reason. I appreciate everyone's help! I will most likely be contacting TWC.

                    Thanks everyone!

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                    • #11
                      Every state but Montana is an at-will state, and even Montana recognizes the at-will doctrine in some circumstances. You cannot be fired for a reason that is expressly prohibited by law, and one such reason is making a complaint to the appropriate regulatory agency. If you are fired for complaining to the TWC, you have legal recourse.

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