Many—far too many—computer maintenance workers and data entry clerks have been erroneously classified as exempt from receiving overtime pay in Houston and throughout Texas. Employers are taking advantage of a provision in the Fair Labor Standards Act (FLSA), which is designed for programmers and software engineers, to trim their payrolls. As a result, hundreds of employees are being denied thousands of dollars in wages they have rightfully earned.
Sections 13(a)(1) and 13(a)(17) of the FLSA require that, to be exempt from mandatory overtime pay for working more than 40 hours a week, an employee must be paid at least $455 per week salary or at least $27.63 an hour. Additionally, to be considered exempt, the worker’s primary job duty must involve programming, systems analysis, or similar non-routine, creative duties which require advanced training and independence.
If you have been denied the overtime wages you deserve, you can always negotiate directly with your employer. However, the prospects of success aren’t good. A boss who is willing to cheat you in the first place isn’t likely to pay you what you deserve without a fight.
You could also file a complaint with the U.S. Department of Labor or the Texas Workforce Commission. Unfortunately, government agencies can work slowly even in the best circumstances. Getting you justice and your fair compensation for unpaid Texas overtime wages is not the top priority for those organizations.
In many cases, your best course of action is to get the aid of a dedicated Houston overtime attorney who can negotiate with your employer—or even take him to court, if necessary. There are definite characteristics you should seek in your legal advocate:
At Kennedy Law Firm, L.L.P. we think we can provide you with skilled legal representation for your overtime case. Contact our office today to arrange a consultation an overtime attorney who can set you on the path to recovering the wages you have earned.