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Texas Labor Law w/ Exempt Employee Texas

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  • Texas Labor Law w/ Exempt Employee Texas

    I recently left my job, and I gave a resignation letter to the company.

    The bad on me:

    I originally stated a 6-day notice. My phoned my direct supervisor, talked, and phoned other members of management.

    After the company terminated two employees in a similar position for bad money-handling practices I changed my resignation to immediate. I did not wish to be responsible for any money handling.

    The company has a quitting with no notice policy for hourly employees that they will change their hourly wage to 7.25. The supervisor immediately phoned the other managers and the plan was to terminate me the following day. As I mentioned, I resigned immediately. If it makes any bit of difference, I turned in a notice, and changed it to immediate 8-hours later. Yes, bad, I know. I wanted to save myself the embarrassment as this is the general course of action of this company.

    I was an exempt salaried employee, and my status was changed to the hourly wage of 7.25. However, as an exempt employee I always worked Over-Time, because I assume it is covered under the exemption status.

    Is there any reason for me to waste my time with the labor board and laws in Texas? Does it matter I was employeed for several years?
    Junior Member
    Last edited by callan1229; 09-14-2012, 06:45 PM.

  • #2
    Forget the notice for the moment. Were you legally Exempt Salaried based on your actual job duties and industry?
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)


    • #3

      A lot of this is going on what I've read; and I'm merely an arm-chair newbie here.

      I look at the salary test for Texas, and I assume I qualify. I was a restaurant manager, and from looking at the following link:

      I classify as exempt, but again, all arm-chair knowledge.

      I routinely worked over 40-hrs/week, and never received O/T.

      I paid bills, hired, trained, interviewed, monitored P&L, etc. etc. etc. and I managed a staff of 25+ employees (employee evaluations, schedules, etc.)
      Junior Member
      Last edited by callan1229; 09-14-2012, 07:18 PM.


      • #4
        OK. Sounds Exempt under Executive exception. $7.25/hr times 40 hours per week is $290, compared to $455/week under the Executive exception. Exactly how many days were you treated as a non-exempt employee. If you are hoping that by changing the status on the final check that will some how retroactively cause paid overtime to occur back to the beginning of your employment, sorry, it does not work like that. At best, you have something that looks like:
        - Per 29 CFR 541.602 you can paid paid on a proportionate basis of your salary for actual days/hours worked in the terminal week of employment. Lets say that you wokred exactly one day (8 hours). Under FLSA, you have to paid at least $455/5 = $91. If you were instead paid 8 hours times $7.25/hr = $58, then under FLSA your wage claim would be for the difference ($33).
        - I am not a TX expert. Maybe TX follows the FLSA logic, or maybe they will use your normal salary to prorate the payout. But I am fairly postive that no state in the country is going to retroactively make you non-exempt and pay you overtime back to your hire date because the termination check was messed up. Even CA would not do that.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)


        • #5
          Payroll went from 8/27/12 to 9/9/12.

          As sadly as I hate this happened, I do not wish it to happen to anyone else.

          I'll contact the TWC and see what happens.

          Thank you!


          • #6
            It doesn't matter what the pay periods are, but what the workweek as defined by the employer is. No matter how often you are paid your employer has a designated by them set workweek. Your pay must meet the minimum for that workweek. Most employers start the workweek on Sunday but it is also semi-common to start it on another day in your industry, particularly if the restaurant is closed one day a week. The final week of your employment is the exception to the salary minimum. The last workweek may be pro-rated for the days you actually did work.
            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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