Legal Question in Employment Law in Texas

Exempt Employee Docked for Tme Not Worked

My employer hired me at a fixed salary supported by a contract. But over the past year he idled me for 15 days and he did not pay me for those days. When I am working, I work over 50 hours a week, but do not get overtime pay. Can I recover either my overtime pay or pay for days in which I was available to work but idled?


Asked on 4/16/03, 2:46 pm

1 Answer from Attorneys
Roger Evans Mathis & Donheiser

Re: Exempt Employee Docked for Tme Not Worked

If you are covered by the Fair Labor Standards Act's overtime provisions, you certainly are entitled to overtime pay but if, as your heading suggests, you are exempt from those requirements by the nature of your position, there is no requirement that you receive any overtime pay no matter how many hours you work. With respect to being "idled," that would be a matter covered, I expect, by your written contract. In the absence of a contract, there would be no obligation to pay you for time not worked, as long as you are truly free of any job requirements, such as being "on call", etc. You may wish to have an attorney review your contract and give you more specific advice.

Read more
Answered on 4/16/03, 4:16 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in Texas