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Can overtime worked be converted to vacation pay?

Victoria, TX |

I have a family member who works at a restaurant. Her employer made a change stating they will no longer be paying overtime. They still have forced overtime schedules, but instead of being paid OT, for each hour of overtime they work, they get 1.5 hours of vacation time to use at a later date. Is this legal? And if it somehow is, what would be the case if the employer then later refused to allow vacation time due to "staffing issues"?

Attorney Answers 1


  1. Have your family member consult with a labor lawyer....the basics of what you describe is not allowable.

    Good luck,
    Eric Gruetzner
    www.ericgruetzner.com

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