working at half pay

[ilgenfritz27]

I work in Texas for a rent to own company. I was hired on at a set hourly rate of pay and told we work 48 hour weeks and some overtime. After taking the job, I was informed that we had to be at a certain number for debts collected or we are required to stay over and work overtime at half pay. This week i will work 48 hours at reg pay and 24 at half my hourly rate. is this legal? Some of the employees make commission or bonus but I do collections and I dont receive any other compensation.

 

[pattytx]

No, it is not legal. However, you don't have a claim until you are actually NOT paid 1.5 times your regular hourly rate of pay for all hours over 40. Is this the first time this has happened (the "half-time" issue)?

What about all the time you have worked over 40 hours in the past? Are you saying you are not receiving overtime unless you work over 48 hours in the workweek?

 

[jsmith416]

No it is not legal. The FLSA is very clear. Non-exempt employees must be paid at least one-and-a-half times their regular hourly rate for all hours worked over 40 in the work week.

 

[ilgenfritz27]

half pay

I work 40 hours at reg rate of pay, 8 hours at time x.5, and this week will be 23 hours at half my rate of pay. we are meeting our numbers so far but continue to work extra.

 

[mlane58]

You need to file a wage claim with the Texas Workforce Commission.

 

[pattytx]

I work 40 hours at reg rate of pay, 8 hours at time x.5,

That could be legal under the fluctuating workweek method, but that method requires that you be paid a weekly salary (plus some other restrictions). Since you are paid hourly, however, the "8 hours @ half time" is just as illegal when it is hours 41-48 as it is for hours 49-whatever.

 

[Zigner]

That could be legal under the fluctuating workweek method, but that method requires that you be paid a weekly salary (plus some other restrictions). Since you are paid hourly, however, the "8 hours @ half time" is just as illegal when it is hours 41-48 as it is for hours 49-whatever.

He said he works 40 at regular, 8 at x.5 (meaning time-and-a-half) and then the rest at 1/2 time

 

[pattytx]

He said he works 40 at regular, 8 at x.5 (meaning time-and-a-half) and then the rest at 1/2 time

That's not what he said, but I hope that's what he meant.

 

[Zigner]

That's not what he said, but I hope that's what he meant.

You are correct - I think it's what he meant, but upon reflection x.5 means 1/2 pay.