If you are an executive, there are certain rules that apply to you regarding overtime pay and compensation for the number of hours you work each week. The Texas overtime attorneys handle many cases where workers aren't aware about the specifics of these rules, and that lack of information has led to thousands of dollars in missed overtime wages.
But what makes an employee an "executive?" How can you determine whether or not an executive is entitled to overtime pay at time and a half?
Let's take a look at this checklist provided by the Fair Labor Standards Act. It provides information on overtime regulations and the executive exception, and if you answer "yes" to all four of the questions, you are exempt from overtime, according to the federal government. To read the full explanations under each of the four questions, click here for the full document.
1. Does the employee receive a salary of at least $455 per week?
Salary means that the employee's pay is the same predetermined amount of money each week, regardless of the number of hours.
Salary must not include board or lodging.
Salary amount does not change, regardless of the situations that may occur during that week (for example, a snow day prevents the employee from coming to work, or the person's productivity may be down because they have the flu)
2. Is the primary duty of the employee to manage a customarily recognized department or subdivision of the company?
Management includes but is not limited to interviewing and selecting employees, determining rates of pay, directing work, and handling complaints, among other tasks.
3. Do the employee's duties include supervising at least two full-time employees or 80 hours of subordinate time per week?
4. Does the employee have the authority to hire and fire other employees or recommend the hiring, firing, promoting or advancing of other employees?
You may still have questions regarding your status as an executive employee, especially if you believe that you should be receiving overtime compensation for the work you have done.
The best thing for you to do is to order your free copy of the book Ten Biggest Mistakes That Can Hurt Your Wage and Overtime Claim by calling 888.449.2068 today. You can describe your situation using our online form, and an attorney from Kennedy Hodges LLP will get right back with you to schedule a free consultation.
The Texas overtime lawyers at Kennedy Hodges represent workers nationwide and across Texas in: Houston, Dallas, Austin, San Antonio, Fort Worth, Pasadena, Laredo, Sugar Land, Lubbock, Illinios, New York, Massachusetts, Los Angeles, Chicago, Philadelphia, Phoenix, San Diego, San Jose, Jacksonville, Indianapolis, San Francisco, Columbus, Charlotte, Detroit, and more.
