In Texas is overtime paid at straight time or time and a half?

Asked over 1 year ago - Fort Worth, TX

friend works for LLC. When he was offered job 01/2011 he was told it was $1000 a week (and mgr position) and he accepted.. A few days 02/01 before my friend started the owner of company told him he would only be able to pay him $750.00 a week "the time being". With times like these hestarted working. 12/2012 he receceived note in paycheck from owner stating that he would go from exempt to non-exempt 12/31 and making less(responsibilities haven't changed. All overtime has been paid at straight time. My frience is a truck dispatcher.

Attorney answers (2)

  1. David C. Holmes

    Contributor Level 13

    2

    Lawyers agree

    Answered . Your friend needs to talk to an employment lawyer immediately. When an employer changes an employee from "exempt" to "non-exempt" it is a ***red flag*** that the employee was non-exempt all along and has a potentially sizable claim for unpaid overtime. Just because someone is called a manager and is paid a salary does not mean that he or see is exempt.

    Anyway, overtime is at time and a half, not straight time. This is governed by the federal Fair Labor Standards Act.

  2. Joshua C. Borsellino

    Contributor Level 4

    Answered . I agree with Mr. Holmes that your friend needs to consult with an employment attorney to determine whether he has a claim for unpaid overtime. I practice in Fort Worth and handle unpaid overtime claims, and would be glad to speak to your friend regarding his situation.

    The content of this response is provided solely for informational purposes, and not as legal or other professional... more

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