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Hodges & Foty, LLP > Overtime & Unpaid Wages  > If You Are Paid a Salary, Can You Still Be Entitled to Overtime Pay?

If You Are Paid a Salary, Can You Still Be Entitled to Overtime Pay?

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

Employees who are paid a salary might still be entitled to overtime pay if they work more than 40 hours per week. However, some companies may attempt to circumvent this requirement by misclassifying roles or by adjusting hours and expectations around overtime. Such practices are not only unfair but also illegal. If you suspect that you have been required to work overtime without proper compensation, a skilled attorney can assess your situation and help assert your rights.

Hodges & Foty, LLP brings over 40 years of combined experience and board-certified expertise to the forefront of labor disputes across the nation. With a focus on wage and hour disagreements, our firm is committed to delivering justice for workers affected by improper labor practices. If you are seeking legal assistance or wish to understand more about your rights, do not hesitate to contact us today by calling (713) 523-0001 or by filling out our contact form.

Understanding When You Are Entitled to Overtime Pay

Determining eligibility for overtime pay hinges primarily on the Fair Labor Standards Act (FLSA), which sets the rules for wages and hours worked. Employees classified as “exempt” typically do not receive overtime regardless of the number of hours worked beyond the standard 40-hour workweek. This exemption is usually based on the nature of the work, level of responsibility, and the type of compensation. 

For instance, executive, administrative, and professional employees who are paid on a salary basis and meet specific job description criteria outlined by the FLSA are often exempt from overtime pay. It is crucial for employees to understand their job classification and exemption status as defined by their employer in accordance with FLSA guidelines to ascertain if they are entitled to overtime pay.

For employees classified as nonexempt, the FLSA mandates they must be paid overtime at a rate of one and a half times their regular rate of pay for any hours worked beyond 40 in a workweek. This includes those who earn a salary if their job duties do not fall within the exempt categories. 

How a Lawyer Can Help If You Have Been Underpaid

If you suspect that you have not been paid the overtime wages you are entitled to, even as a salary employee, an experienced employment lawyer from our team can be invaluable. We can help examine whether your employer has adhered to federal and state wage laws. If discrepancies are found, we can guide you through the steps necessary to assert your rights. This includes negotiating with employers for the recovery of unpaid wages and, if necessary, pursuing formal legal action. 

Our team can provide crucial guidance on the complexities of labor laws and the often intricate process of filing a claim. We will prepare all necessary documentation and represent you in all legal proceedings, ensuring your case is presented effectively and professionally. 

Schedule Your Free Consultation With a Dedicated Employment Attorney Today

Understanding and addressing the complexities of overtime law requires proficient legal expertise, especially when dealing with cases of unpaid or inaccurately calculated overtime wages. If you or someone you know has encountered unfair overtime practices, the law offers paths to seek redress and secure compensation. At Hodges & Foty, LLP, we provide expert legal counsel tailored to the specific details of your situation in Texas, ensuring that your employment rights are robustly defended and your concerns thoroughly addressed.

Our firm has extensive experience in managing disputes over overtime pay and other employment law infractions. We have effectively advocated for thousands of clients who were unjustly denied their deserved overtime pay. If you are pursuing justice and rightful compensation for unpaid overtime or other related employment issues, please reach out to our committed team at (713) 523-0001 or through our contact form.

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