Legal Question in Employment Law in Texas

I am employed with the San Angelo State Supported Living Center in Carlsbad, Texas as a Behavioral Health Specialist. Our campus is critically under staff with our staff that work on the homes. For the past year we (the facility's employees) have been mandated that we must work the floors overtime with the individuals. I do understand this is something the campus can do as mandating overtime - my question is, the Psychology Department does not receive time and half for pay or comp while other departments are receiving time & half - are they allowed to exempt us from normal time & half for regular overtime and also for extra mandated overtime. There are many of us who would like to understand the issues governing time & half. We have been threatened with disciplinarian actions of written up and greater sanctions.


Asked on 4/13/15, 9:21 am

1 Answer from Attorneys

There are some groups of employees who are exempt from overtime provisions that can be expected to work beyond forty hours without additional compensation or without the typical time and a half overtime pay. To maintain that exemption the employer must treat the employees consistent with that exemption. The employer can lose the exemption by treated otherwise exempt employees like hourly employees.

From what little information I have about your situation I can say it is possible that your job may be the type of job that would be exempt from overtime as a medical professional. However, without knowing the particulars of your job responsibilities or the employer's practices it could very easily be the case that you are entitled to overtime pay.

You definitely need to talk to an employment attorney ASAP about the situation.

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Answered on 4/13/15, 9:43 am


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