An employer who requires or permits an employee to work overtime is generally required to pay the employee premium pay for such overtime work. Employees covered by the Fair Labor Standards Act (FLSA) must receive overtime pay for hours worked in excess of 40 in a workweek of at least one and one-half times their regular rates of pay.
The FLSA does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, unless overtime hours are worked on such days.
The FLSA, with some exceptions, requires bonus payments to be included as part of an employee's regular rate of pay in computing overtime.
Extra pay for working weekends or nights is a matter of agreement between the employer and the employee (or the employee's representative). The FLSA does not require extra pay for weekend or night work or double time pay. It should be noted that there are exceptions to overtime pay for some industries. This is especially true for Truck Drivers and those in the Trucking industry.
It is illegal to fire, fail to promote or otherwise discriminate against an employee who complains or questions his / her Overtime Pay.
Mr. Roger Davie - Bio
Mr. Roger Davie has been a practicing lawyer since 1985. He is licensed in both Texas (1985) and New Mexico (1986) and both the state and federal courts. Mr. Roger Davie is one of the few Board Certified Attorneys in Employment Law in El Paso who exclusively represents employees.
Mr. Davie started off his career representing employers and defendants and working for large law firms until he switched sides and started representing Employees in their claims for wrongful termination and workplace injuries. This gives Mr. Davie a unique perspective and allows him to better represent his clients. Mr. Davie exclusively represents employees and is one of the most experienced employment lawyers in El Paso. Mr. Davie takes cases in El Paso, Las Cruces, Southern New Mexico and far West Texas.
Mr. Davie only takes cases on a contingency so there is never a charge unless Mr. Davie receives a recovery for you.
If you have been wrongfully terminated or injured on the job you deserve to have a lawyer who is Board Certified by the Texas Board of Legal Specialization representing you in your claim. Almost every lawyer in El Paso who represents your employer is Board Certified by the Texas Board of Legal Specialization in Employment Law; you should have a Board Certified lawyer on your side as well.