Legal Question in Employment Law in Texas

Overtime
I started work for a small (3 employees) tax company in Jan of this year. I immediately started working 70-80 hr weeks, and continued to do so until April (when tax season ended). I did not get paid overtime during these months, as the boss stated that as soon as tax season was over that the work week would cut to 4 day weeks-and I would still be getting paid the same amount (so it would equal out at the end of the year). However, right after tax season ended, the boss let me go, telling me that he could not afford to pay me any longer. Am I entitled to receive overtime for the hours that I worked during those 4 months because the boss could not fulfill his part of the deal?

Asked on 8/02/07, 12:24 pm

2 Answers from Attorneys

Daniel Ross Ross Law Group

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Re: Overtime

The federal Fair Labor Standards Act sets forth the circumstances under which employers must pay overtime, and the rights of employees to be paid overtime. Whether you are entitled to receive overtime pay for the hours you worked depends on several factors, including whether you were paid on a salaried or hourly basis and, if you were salaried and thus exempt from the Act�s overtime requirements, whether the job duties you performed truly qualified you for exempt status. Should you wish to discuss this matter further with one of our employment lawyers, please do not hesitate to contact Ashley, my legal assistant, at our office number.

Answered on 8/03/07, 12:14 pm

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