Can my employer make me work on the weekends off the clock?

Asked over 2 years ago - Spring, TX

My boss sent me an email last night "strongly suggesting" I put in more than 2 hours of work over the weekend. I didnt miss any time during the week and work more than 40 hours. I never punch a clock, just get paid a straight 40 hours as my base because I also earn commission. My question is, can he legally make me work on the weekends when I am not being compensated for it? He makes several employees come into the office on the weekend to put in time to get their numbers where he wants them to be, but no one ever gets additional compensation for it. I didnt even know I was considered an hourly employee until recently because my base is for the same amount every week, but they just give everyone the standard 40 hours without actually tracking if anyone is working more.

Attorney answers (2)

  1. Brian W. Erikson


    Contributor Level 18

    Answered . Your employer may be violating the Fair Labor Standards Act. That depends on whether you are exempt or non-exempt from the Act.

    Check the Texas Workforce Commission's web site. The Workforce Commission has information on the Fair Labor Standards Act, what employees are exempt and which are not, and when an employer has to pay overtime. There are some new cases where if an employer requires an employee to be on call over the weekend, and that weekend time results in an excess of 40 hours, the employer could owe for overtime pay.

    Good luck.

  2. Steven E. Petrou

    Contributor Level 10

    Answered . If you are an hourly employee, you should be paid time and a half for any time you work over 40 hours in a one week period. Some salaried executive and administrative workers and professional workers and some commission workers are exempt from federal overtime laws. You shold consult an attorney who is experienced in wage and hour law for additional counsel.

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