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  • 40 hrs Texas

    Does an employer have to pay overtime after working 40 hrs in 1 week. I know of one company that works it's employees 45hrs then pays o/t. Can they do this by law?

  • #2
    If the employees are non-exempt, then overtime has to be paid for anything over 40 hours. If the employees are exempt, overtime does not have to be paid at all.
    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
      Plse define exempt & non-exempt.

      Thanks.

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      • #4
        http://www.dol.gov/esa/regs/compliance/whd/whdfs23.htm
        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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        • #5
          Everything so far is true. However, there are a few allowable variations to how the overtime premium is calculated. And, we are assuming this employer is subject to the Fair Labor Standards Act.

          What kind of company is this and what do you do there?
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            The company is in manufacturing, I'm in management, but trying to find out if the way the company pays the labor is legal & if not, what other avenues do they have.

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            • #7
              OK, then it's almost a given that the employer is subject to the FLSA. Each and every employee should keep their own records (just in case the employer is "fudging" time cards or aren't keeping the required records at all) and each and every employee can file a claim with the Texas Workforce Commission. They look for trends like an inordinate amount of the same type of claim from employees of the same company.

              On the other hand, being in management, can you address this with the powers that be? Find out if they are just ignorant of the law or if they are intentionally violating it? And, actually, the TWC would be more lenient toward them if it were the first option, and not the second.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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