Legal Question in Employment Law in Texas
Overtime Wages
A relative of mine works for Schlotsky's Deli in Houston. He works over 50 hours a week. He does not receive any tips just a straight salary. He does not receive any time and a half, and even on his ten hour days only gets about 1 ten minute break. Isn't he suppose to receive time and a half and at least 2 15 min breaks?
1 Answer from Attorneys
Re: Overtime Wages
Generally speaking, if he is not in a supervisory position, as defined under the Fair Labor Standards Act, he should be receiving overtime pay. If he is not a supervisor, he should pursue overtime with the employer and, if that is not successful, can file a claim with the United States Department of Labor. There is no requirement for specific breaks. If you would like, I would be happy to respond to a more specific inquiry concerning your relative's status under the FLSA.