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When is an Employee Exempt From Overtime Pay?

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Under the U.S. Fair Labor Standards Act, most employees in Texas are entitled to overtime pay (one-and-one-half times an employee's normal rate of pay) when the worker works in excess of 40 hours in a given work week, regardless of how many hours the employee works in a work day. Yet FindLaw states that there are some white collared workers that are exempt from overtime pay when they work over 40 hours in a week.

In the state of Texas, there are many Houston employment lawyers that represent workers that feel their rights under FLSA have been violated in the workplace. Many of these labor disputes often deal with a worker's exempt status of overtime pay, where an employment lawyer will often question whether a particular worker should be exempt from overtime pay.

According to FindLaw, an employee that is covered by FLSA is always entitled to overtime pay if he or she earns less than $455 per week or $23,660 per year. If an employee earns at least this much money and he or she is compensated on a salary, rather than an hourly basis, the employee could be exempt from overtime if his or her job falls into certain categories. These categories include executive positions and management, learned professionals, creative professionals, and outside sales employees. In addition, computer employees that have the primary duties of application creation and development or modification of computer systems can also be exempt from overtime status.

All employees should be familiar with their rights under FLSA and should not hesitate to take legal action if their employee rights have been violated. Contact a Houston employment lawyer to learn more information about FLSA or to file a claim.

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