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Am I entitled to overtime? Texas

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  • Am I entitled to overtime? Texas

    I work in Austin for a company owned by (deleted). I have a customer service/computer related job making $11.54 an hour. I usually work between 88-96 hours per week and do not receiver overtime. I assume a company this size wouldn't just break the OT laws but who knows. I do know that it pisses me off every time I fill out my time card. I get paid on the 1st and the 15th so for example this week has 12 days in my pay period so I end up working 96 hours but I don't work a day more than 8 hours. How can I tell if I am entitled to overtime?
    Last edited by designedsilence; 12-08-2010, 12:19 PM.

  • #2
    Can you give us a description of your job duties? They are what matter, not your title.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Originally posted by cbg View Post
      Can you give us a description of your job duties? They are what matter, not your title.

      Answering phones regarding customer service/tech support issues. Perform updates for our website. Various other internet related tasks.. fetch news articles, source clients for sales team..

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      • #4
        Since you are being paid on an hourly basis, that makes you automatically nonexempt. There is a Computer Professional exempt classification where employees can be paid an hourly rate for all hours worked (no premium time for overtime), but your job duties don't meet the duties tests for that exemption, and your hourly rate is way too low anyway. So, having said all that, I don't see any way you would be exempt from the overtime pay requirement of the FLSA.

        Did you mean 88-96 hours per PAY period? Or dd you really mean per WEEK? Overtime is determined by workweek, not by pay period. The workweek is defined by the company. If you work over 40 hours in the workweek, you are entitled to overtime pay. Note this does NOT correspond with the pay period, since you are paid semi-monthly. If you work M-F, there are 11 working days in the pay period of Dec 1-15, not 12. Do you work some other schedule than Mon-Fri?
        Last edited by Pattymd; 12-08-2010, 01:04 PM.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          Were you calculating 12 days x 8 hrs. for a total of 96 hrs.? (& therefore believe you
          should have received OT?)
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