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Overtime: Common Employer Violations of the Fair Labor Standards Act
  • Assuming that employees paid on a salary are exempt from overtime.

  • Failing to pay eligible employees any overtime pay.

  • Requiring employees to work off the clock.

  • Not paying for overtime as earned, instead accruing time off to be used later, in a different pay period. Except for certain government employers, comp time is not allowed under the Fair Labor Standards Act.

  • Requiring employees to attend mandatory company meetings off the clock.

  • Paying overtime at the straight time rate, instead of at time-and-a-half.

  • Assuming employees are exempt from overtime based on job titles, without taking into account actual job duties.
   
   
Robert Rice & Kevin Dunagan, Board Certified in Labor & Employment Law - Texas Board of Legal Specialization. Other attorneys not certified by the Texas Board of Legal Specialization.

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