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Hodges & Foty, LLP > Overtime & Unpaid Wages  > Can An Assistant Manager Collect Overtime Pay in Texas?

Can An Assistant Manager Collect Overtime Pay in Texas?

Legally reviewed by David W.Hodges and Don J. Foty

Navigating the nuances of overtime eligibility for assistant managers in Texas is a critical topic for both employees and employers. Failing to appropriately compensate non-exempt employees for overtime is a violation of Federal wage and hour laws. 

If you believe you have fallen victim to not being paid the overtime wages you are entitled, a dedicated overtime lawyer from Hodges & Foty, LLP is here to help. With years of experience and documented successes, we are prepared to review your case and see how we can best assist you. To schedule a free consultation today please call our office at (713) 523-0001 or use our online contact form

When Can an Assistant Manager Collect Overtime Pay in Texas? 

Many assistant managers are informed that they are not eligible for overtime pay due to various misconceptions about the Fair Labor Standards Act (FLSA). It is a common practice for employers to classify assistant managers as exempt from overtime, basing their decision either on the salaried status of these employees or on a misinterpretation of the FLSA’s overtime exemptions. 

However, being paid a salary does not automatically disqualify an employee from receiving overtime pay. The critical factor is whether the employee’s job duties align with one or more of the FLSA’s statutory exemptions. For assistant managers, the executive exemption is often cited as the reason for ineligibility, yet this exemption requires a thorough examination of the employee’s actual job functions and responsibilities.

To be considered under the executive exemption, an assistant manager must satisfy several criteria, including: 

They must earn a salary of a threshold minimum amount per week

  • Their primary duty must involve the following tasks:
    • Managing the business or a significant department
    • Overseeing the work of at least two full-time employees
    • Be able to make hiring or firing decisions or their opinions are given significant weight towards hiring, firing or the change in status of other employees 

In reality, the primary duty of many assistant managers is not to perform these required tasks but instead is to perform manual labor tasks like an hourly employee eligible for overtime pay.  Often times assistant managers spend a considerable portion of their time performing tasks similar to non-salaried employees or lack the authority to make hiring or firing decisions. . Consequently, an assistant manager may, in fact, be entitled to overtime pay, contrary to what they are often led to believe by their employers.

How a Dedicated Overtime Lawyer Can Help

A Texas overtime attorney at Hodges & Foty, LLP has extensive experience in handling cases related to overtime disputes, including those involving assistant managers. If you are an assistant manager in Texas and suspect that your employer has unfairly denied you overtime compensation, legal avenues are available to address this issue. 

Our law firm emphasizes the importance of understanding your rights and offers legal counsel to ensure that employees receive the wages they rightfully deserve. Whether it is a matter of misclassification or other forms of wage violations, our expert overtime lawyers in employment law can guide assistant managers in Texas towards securing their entitled compensation.

Schedule Your Free Consultation With Our Team Today

Understanding the specific regulations surrounding overtime for assistant managers in Texas requires a nuanced approach and professional legal expertise. If you or someone you know is an assistant manager and has encountered issues regarding unpaid or inaccurately calculated wages in Texas, there are legal solutions available An overtime attorney from Hodges & Foty, LLP specializes in providing skilled legal advice, ensuring the employment rights of assistant managers in Texas are rigorously defended.

At our firm, we hold a profound understanding and extensive experience in resolving overtime disputes and breaches of employment law, particularly for assistant managers in Texas. Our successful track record in securing rightful overtime compensation for numerous clients stands as a testament to our commitment. Should you find yourself in need of legal assistance regarding unpaid overtime or related employment matters, we encourage you to contact our dedicated team of Texas overtime lawyers at (713) 523-0001 or through our online contact form.

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