Can I still be paid overtime if I work on a flexible schedule?

 

A:

As long as you are not exempt from overtime according to the Fair Labor Standards Act, then you are entitled to overtime pay in Texas for the hours you work over 40, regardless of your start and end times.

Flex time most commonly refers to a flexible work schedule, where the employee can do one or more of the following:

• Choose his or her start and end times, but work the same number of hours each day.
• Choose his or her start and end times and work a different number of hours each day.
• Work fewer than five days a week, but more than eight hours in a day.
• Any other combination of hours/days of work approved by the employer.

Just because the FLSA doesn't directly address the issue of "flex time" does not mean that your employer can prevent you from being paid one and a half times your hourly wage for your hours worked over 40.

Even if a person normally works four, ten-hour days but happens to stay late by two hours on a Thursday, that employee is still entitled to two hours of overtime.

Make sure that your paycheck reflects fair treatment under the Fair Labor Standards Act. Want to know how to protect your paycheck? Contact the experienced Houston overtime lawyers at Kennedy Hodges for your free copy of Ten Biggest Mistakes That Can Hurt Your Wage and Overtime Claim. You also can call us today at 888.449.2068 or fill out this online form to schedule your free case evaluation.