Houston, TX – A consistent problem in recent months and years has been employers telling workers they are management and changing their titles to avoid overtime pay. While the company can create job titles as they see fit, they still need to find out if a legitimate exemption applies, otherwise the person is always eligible for overtime pay if they work more than forty hours in a week. Anyone who is confused about their eligibility or whether their take home pay is sufficient should contact a labor attorney in Texas for advice.
According to the National Law Review, many employers have been using inflated job titles to avoid paying overtime to workers who should be hourly employees .
Many companies trying to be clever by telling workers they are almost all managers
An example given early in the article was a receptionist with a job title that was changed to an assistant manager of reservations. The main purpose of this reassignment is for the employer to avoid paying overtime to the person, regardless of how many hours they work or how many managers a company employs. This is also an alarming trend, as various data from the National Bureau of Economic Research has emerged in recent years showing that this is a common practice in American workplaces.
As a general rule, the Fair Labor Standards Act applies to all workers in the United States. They are always eligible for overtime aside from a few very specific exemptions. There are real exemptions for people such as administrators, executives, and other white collar professionals. However, the workers actual eligibility for overtime is determined by things like their minimum salary and specific job duties, rather than what the company decides to call the person. Companies that do not look into whether a specific exemption applies to each individual worker could end up in court and the person can sue for lost wages and other damages related to not being paid overtime properly.
Unpaid wage lawsuits
If a person is missing wages for overtime or their standard pay, they can file a claim with the Texas Workforce Commission. They can also retain their own lawyer and try to sue for the full amount of back pay, plus other kinds of damages that may be available.
Labor attorneys are available in Texas
Moore and Associates is a firm in Houston that handles various kinds of labor and employment issues such as unpaid wages, overtime law violations, minimum wage rules, discrimination, and sexual harassment. Their attorneys can explain their services more during an initial meeting.
USAttorneys.com is a service that works with those who need to get in contact with the right lawyer. Anyone who needs to speak with a licensed attorney in their city or state can call 800-672-3103 to get connected.
Firm contact info:
440 Louisiana Street, Suite 675, Houston, TX 77002