Legal Question in Employment Law in Texas

Exempt employee rights

I work for a company where I am classified as an exempt employee. I am supposed to only work 5 days/week and have holidays off. I am working 7 days a week including holidays. Because I am exempt I get no pay or even comp time. This seems a little too much. I realize if I worked more than 40 hours during a five day period I would not be entitled to pay. However, working 7 days a week 60-80 hours is an abuse of this status. Do I have any rights or can they work a person to death if they so wish?


Asked on 9/04/03, 9:25 am

1 Answer from Attorneys
Trang Tran Tran Law Firm L.L.P.

Re: Exempt employee rights

Many of my clients with good overtime cases usually were misclassified as exempted employees by their employer. Employers today are knowledgeable enough to pay their non-exempt employees overtime. However, when it comes to the proper classification of employees as exempt or non-exempt from the overtime requirements, even the most sophisticated employer can make mistakes. Overtime law can be confusing to employers who do not have access to counsel from a labor and employment lawyer.

Overtime is actually calculated based on a 7 day work week and not 5 day work week.

You should consult with a labor and employment attorney to determine if you are non-exempt from overtime in the first place.

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Answered on 9/04/03, 11:03 am


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