Overtime/FLSA Cases

Employment Lawyers Handling Overtime and Other Wage and Hour Law Violations

Claims for unpaid overtime and other wage and hour law violations are among the most prevalent types of employment law claims made in recent years. Starzyk & Associates represents both companies and individuals in administrative (Department of Labor) investigations, lawsuits (both individual and collective/class actions), and as compliance legal counsel in overtime and other wage and hour law matters under the federal Fair Labor Standards Act ("FLSA") and any applicable state wage and hour laws. We have an experienced team of lawyers in this area and have worked on several large collective/class actions under the FLSA. Please see our FAQ tab for greater clarity on many of our most common issues.

Overtime/FLSA Cases

Ten Common Myths about the Wage and Hour Laws

  1. Paying a person a "salary" means that they are necessarily exempt from the overtime pay requirements;
  2. Classifying a person as an "independent contractor" means that they are never covered by the federal or state overtime and minimum wage requirements;
  3. Giving a person a "supervisor" or "manager" title, or some sporadic managerial responsibilities, means that they are necessarily exempt from the overtime pay requirements;
  4. Premium pay does not have to be paid for overtime work that was not approved in advance;
  5. A private sector employer may offer "comp time" in lieu of overtime pay;
  6. All sales employees, including inside sales employees and any sales employees who are paid a commission, are necessarily exempt from the overtime pay requirements;
  7. Overtime premiums do not have to be paid on commission or bonus earnings;
  8. All IT or computer-related workers are necessarily exempt from the overtime pay requirements;
  9. Employees do not have to be paid for their "working" lunches; and
  10. Employees do not have to be paid for their initial or "end of the day" related job functions.

Examples of Positions that Commonly Involve Compliance Concerns

  • Administrative Assistants
  • AR/AP Clerks
  • Assistant Managers
  • Cable Installers
  • Call Center Employees
  • Caretakers for the Elderly
  • Claims Processors
  • Drivers
  • Field Service Technicians
  • Inside Sales Persons
  • Inventory Employees
  • IT Technicians
  • Leasing Consultants, Assistants, or Specialists
  • Loan Processors, Consultants, or Officers
  • Persons Classified as Independent Contractors
  • Pharmaceutical Sales Reps
  • Receptionists
  • Retail Store Employees
  • Supervisors
  • Temporary Employees
  • Tipped Employees
  • Unpaid Interns

Examples of Job Duties that Commonly Involve Compliance Concerns

  • "Off-the-Clock" Work
  • Time Spent Pre-Shift Starting or Putting Equipment On
  • Time Spent Post-Shift Turning or Taking Equipment Off
  • Training Time
  • Travel Time
  • Work from Home

FLSA for Texas Employees and Employers

In Texas, FLSA covers minimum wage and overtime, equal pay for men and women, and child labor. It doesn't require that employers give their employees breaks, but there are exceptions for things like using the bathroom and hazardous occupations. Even if breaks are given, not all are paid:

  • Breastfeeding/nursing - unpaid
  • Lunch breaks - unpaid
  • Smoke breaks - unpaid
  • Coffee breaks - paid

Texas also doesn't require employers to pay extra, double time, or triple time for overtime hours, weekends, holidays, or late night/early morning shifts (second shift or third shift).

There are more specialized rules for employees who receive tips as well as for exempt vs. non-exempt workers. Whether you're the employee or the employer, our legal team can help you sift through all of this. Schedule a consultation for help.