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Texas labor law question?
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Texas labor law question?

I am the secretary for a small shutter manufacturing company. My boss has a few employees who have been staying late and have aquired overtime. He has spoke with them (or he told me he did) and said they would be fine with their 40 hours and then the overtime being paid regularly like "contract pay". First question is this even legal i have looked everywhere and have only found that Regular Employees are seperate from "contract" and they cannot be put in the same catagory. Also my other question is, can he avoid the overtime pay because honestly i know a few workers that would not be happy with these "terms"


    




hr4me
Rating
No, it is not legal to pay overtime as regular pay. Overtime must be paid at the overtime rate unless the company has a formal "comp. time" policy in place and the employees agree to take the time as comp. time. (It's a really touchy situation to try and do a comp. time policy and a lot of legal areas that can get an employer sued)

You can reviewTexas Workforce Commission:

http://www.texasworkforce.org/customers/bemp/bempsub5.html


skwonripken
Doesn't sound legit to me. All it would take is one employee to complain to the labor board, and the employer would be liable for large fines.


rwa000
sorry but this is not just Texas labor law it is federal law just read the poster you have citing wages,overtime,FMLA, etc. you do have the poster right? if not it is an automatic 7700.00 from OSHA. anything over 40 hrs is time and one half


Squat1
Rating
For "non-exempt" employees, overtime must be paid at the rate of 1 1/2 for all hours worked over 40 in a work week. No exceptions.

Some states, California for one, has overtime over eight (8) in a work day.

There are no exceptions to this for "non-exempt" employees.





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