Overtime and the Retail Industry: Is your paycheck protected?

Varied hours often mean that sales associates are likely to work more than 40 hours in a workweek, which would make an associate eligible for overtime pay at one and a half times the hourly rate for the hours exceeding 40.

But there have been cases handled by the Texas overtime attorneys at Kennedy Hodges where the retail sales associate has been told for one reason or another by the employer that he or she is not eligible for overtime. Therefore, Kennedy Hodges urges those in the retail industry to learn their rights under the Fair Labor Standards Act so that they can protect their paychecks.

In order to be eligible for overtime, the employee:

• must work for a company that is considered a retail establishment, meaning that 75% of the company's annual dollar volume of sales is not for resale and
• works for a company recognized as a retailer in the industry.
  

The employee should be considered non-exempt from overtime, or eligible for overtime, as long as the company does at least $500,000 in annual sales (excluding the excise taxes) or the employee's job duties involve engaging in interstate commerce. According to the FLSA, engaging in interstate commerce can mean the following:

• Conducting out-of-state business through phone calls;

• Processing credit card transactions;

• Handling, shipping, or moving goods out of the state;

• Using the mail system for out-of-state communications;

• Keeping records of interstate transactions.

These tasks are common to virtually every position in the retail industry and many employees are eligible for overtime. That is why it is worth asking an experienced retail industry overtime lawyer in Texas for his or her opinion if your boss or employer is refusing to pay you overtime.

Let the Texas overtime attorneys at Kennedy Hodges sit down with you - for free - to help you learn the facts on overtime and your position. Call today at 888.449.2068 for your free copy of Ten Biggest Mistakes That Can Hurt Your Wage and Overtime Claim. You also can fill out our confidential online form to have an attorney contact you for your 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.