What are the methods of calculating overtime pay in Odessa?

Odessa, TX – Overtime can be beneficial for workers who need to increase their earnings. Employers are required by law to provide this kind of compensation for all non-exempt workers. However, the specific methods used to calculate overtime can be confusing in some situations.

Standard overtime calculation

The most common way that overtime pay is calculated is to give the worker one and one half times their hourly rate for each hour above forty worked within a seven day period. This is required by state and federal law for all workers who are considered standard hourly employees, with few exceptions.

Fluctuating work weeks

When work weeks constantly vary in terms of the total number of hours and length of the week, calculation of overtime is more difficult. What most employers end up doing is simply paying a fixed salary, regardless of the specific number of hours worked. This can be permitted in some situations if the worker is eligible to be considered a salaried employee rather than hourly. However, the employer also cannot reduce the worker’s salary if they end up working a short week with less hours.

Day rate employees

Some workers are paid a flat rate for an entire day of work, no matter what specific hours they were actually laboring. While this pay method is legal, the workers are still generally eligible for overtime if they have actually worked more than forty hours. Day rate employees should check their pay stubs and check with their employer if they feel that they are being underpaid.

Lawsuits for unpaid overtime

When a worker discovers that they are not being paid properly and the employer will not resolve the situation, a lawsuit may be the only option remaining. The employer may be responsible for wage theft, have to give back pay, and may even be responsible for interest on outstanding wages.

An employment attorney can review all of the workers pay stubs and other relevant records. The employer is required by law to keep complete and accurate records of all time logged by their employees. The worker should also make some kind of basic records of their own, and check them against the employer’s logs for accuracy. Because employment law is complex and there are various state, local, and federal laws that may apply to any given worker, any decisions about improper overtime pay and lawsuits should be reviewed by a lawyer.

Employment law help in Texas

Moore and Associates assist clients with various kinds of labor and employment issues in the Odessa, Texas area. Local workers can contact the firm if they are considering a lawsuit against their workplace.

Firm contact info:

Moore & Associates

440 Louisiana Street, Suite 675, Houston, TX 77002

713-222-6775