Legal Question in Employment Law in Texas
Half time overtime pay calculation
the company i work for uses the ''chinese overtime method'' to calculate my overtime pay. The more overtime hours you work the less compensation is paid per hour. Example: during the last 2 week pay period i accumulated 19.05 overtime hours and i was paid a total of $87.59 for those hours. That is $4.60 a hour for overtime.My regular pay rate is $12.56 per hour. The question is, is it legal to pay an employee less than minimum wage to work overtime? Are they violating any state or federal laws?
1 Answer from Attorneys
Re: Half time overtime pay calculation
In general, it is not legal to pay a qualified employee less than minimum wage to work overtime. If you are eligible to receive overtime (i.e., most hourly workers and some management positions), the employer must comply with the Fair Labor Standards Act and pay you 1.5 times your hourly rate. This is a Federal law. There are exceptions for professionals, some managers and certain occupations.
Let me know your occupation and I can give you a more detailed answer. A successful prosecution of a violation of the Fair Labor Standards Act entitles you to unpaid overtime, penalties, interest and attorneys fees.
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