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Overtime Pay Questions Answered by Texas Employment Lawyer Play video

City government officials and their overtime protected by the FLSA

Galvin Kennedy
Founding Attorney at Kennedy Hodges, LLP
Those who work for their local or city government know that their employers are much different than many of the private corporations or small businesses in town. Not only must the typical, common-sense rules be followed, but there is also a long list of additional rules and regulations that are in place because of the city's laws and ordinances.

Part of that list of rules and regulations includes the guidelines about overtime pay and wages as a city government official. Are city government officials covered under the Fair Labor Standards Act, even though it is overseen by the Federal government and not locally? Are city government officials entitled to overtime pay?

The Houston overtime attorneys at Kennedy Hodges know that in order to run the city of Houston, long, grueling hours must be put in - many times without the proper appreciation that civil servants deserve.
But it is important to remember that if you work for the local government, you are entitled to the same protection from the FLSA that covers other workers from across the country.

According to the Fair Labor Standards Act, the FLSA covers all employees of a State, a political subdivision of a State, or an interstate government agency, which would include local or state government.

This means that all city government officials and employees are entitled to:
  • - The federal minimum wage of $7.25 per hour
  • - Overtime pay at one and a half times their hourly pay for their hours worked over 40
  • - Employer compliance with Youth Employment Standards
  • - Employer maintenance of proper record of the hours the employee works and when and how he or she was paid
There are, however, times when the overtime pay could be calculated differently than the way it is normally done under the FLSA, depending on the job that the official performs; this is why it is best to contact a Houston fair overtime attorney in these situations to determine if the overtime is calculated properly.

Some of these instances include:
  • - The employee takes the option of working occasionally or sporadically on a part-time basis, doing a different job than they usually perform, but within the same government agency
  • - The employee works in mass transit and performs duties that are considered charter activities
  • - The employee's position is seasonal. For example, they might work at a city pool that is not open year round. 
  • - The employee falls under the guidelines for exemption under the Executive, Administrative, Professional or Outside Sales Exemptions 
If you are a government employee not receiving overtime, you need information. Order your free copy of Kennedy Hodges' book, the Ten Biggest Mistakes That Can Hurt Your Wage and Overtime Claim, by calling 888.449.2068 today. Or use our online form to schedule a free consultation.