Overtime Pay in Texas

[Kristilove]

What is the name of your state (only U.S. law)? TX

I am an hourly employee who gets paid twice a month. I was told by a co-worker that we only get paid straight pay for all overtime. That can't be right, can it? I have not had an opportunity to speak with my manager yet, and won't be able to for a couple of days, so I thought I would begin my research here. I would rather be "ignorant" here than in a discussion with her!

I understand that overtime is not calculated by the day, rather the week. But shouldn't anything over 40 hours a week be time and a half?

Thank you for any help!

Kristi

 

[eerelations]

You're right, any hours above 40 should be paid at time-and-a-half rates.* However, this pertains to worked hours only - so if for example your hours in one week total 45, but eight of those 45 hours were PTO, then you only actually worked 38 hours - which means you should be paid 45 hours' straight time pay for that week.

* There may be occupational exceptions to this, so please state your job and one of my esteemed colleagues will step in and tell you whether your job is covered by OT pay laws.

 

[Kristilove]

I am just a "garment specialist" (how I prefer to refer to my position!) at the Salvation Army. My boss refers to me as a "hanger"!

I am not sure what PTO is. I do know that this certain pay period consists of eight "straight" hours of pay for the New Year's holiday. I have 91 hours coming this paycheck, so I assume that would be three hours at time and a half.

I hope that helps a bit more and thank you so much for offering me an answer.

Kristi

 

[cbg]

PTO = Paid Time Off. It refers to time for which you were paid without actually working, such as vacation, sick time, paid holidays, etc.

Overtime pay is based on hour WORKED, not on hours PAID. If you WORKED 38 hours in a week, but were PAID for 46 hours in a week because one day was a paid holiday, for example, the excess six hours need NOT be paid at time and a half. ONLY if you actually WORKED over 40 hours is premium pay required.

But if you WORKED 46 hours, then you should be paid for 40 hours straight time and 6 hours at time and a half.