Overtime not paid Texas

[annoyed_employee]

1st post... Hi all.

Ok, I work for a very large bank, I worked 90 days as a temp and was recently converted to a full time employee. They set the conversion date in the middle of a week which I didn't see as a problem until they denied the overtime we worked that week. The bank managers requested we come in for overtime hours to take more mortgage payments which a lot of us employees took advantage of. When it was time to get paid... they said noone owed us overtime pay because Monday,Tuesday,Wednesday we were temps, and then Thurs,Fri,Sat we were bank employees... technically working for 2 different companies all in the same position but neither company logged over 40 hours because they decided to split the week for conversion.

Is this legal? To entice us with overtime to get more money for the bank, and then split the week and deny us overtime pay?

[Pattymd]

For that first 90 days, who was your employer (the one who issued your paychecks), the company or a staffing agency?

[annoyed_employee]

For the first 90 days it was a staffing agency. Thanks for the reply.

[Pattymd]

It's possible this may fall under a "co-employment" situation. Contact the TWC.

[annoyed_employee]

What is co-employment and how would that work in protecting them from having to pay OT? Thanks.

[Pattymd]

"Co-employment" is when two different employers each exert enough control over the worker to both be considered an "employer" for wage and hour purposes. And it doesn't protect them, it in fact, does the opposite. IOW, when the facts of such a situation exist, it's just like it's the same employer for the period in question.

You very well may be owed overtime and that's why I suggested you contact the TWC to discuss the particular facts.

[annoyed_employee]

Oh, ok thanks for the explanation. I will contact them and then post back results if/when I get an answer.