Principal Office
5433 Westheimer Rd., Suite 825
Houston, Texas 77056
FAX (713) 574-4601
*By Appointment Only
601 S. Figueroa St., Suite 4050
Los Angeles, California 90017
FAX (213) 244-1402
Houston Texas Accident Lawyers

Get The Results
You Deserve

Super Lawyers
Mr. Padilla was named a Texas Super Lawyer (Rising Star)(2006) by Thompson Reuters as seen in Texas Monthly Magazine
Houston Personal Injury Lawyers

Get The Results
You Deserve

Super Lawyers
Mr. Padilla was named a Texas Super Lawyer (Rising Star)(2006) by Thompson Reuters as seen in Texas Monthly Magazine
Wrongful Death Attorneys

Get The Results
You Deserve

Super Lawyers
Mr. Padilla was named a Texas Super Lawyer (Rising Star)(2006) by Thompson Reuters as seen in Texas Monthly Magazine

Fair Labor Standards Act

An employer who requires or permits an employee to work overtime is generally required to pay the employee premium pay for such overtime work. Employees covered by the Fair Labor Standards Act (FLSA) must receive overtime pay for hours worked in excess of forty (40) in a workweek of at least one and one-half times their regular rates of pay.

Some employees are exempt from the overtime pay provisions of the Fair Labor Standards Act (FLSA). Exemptions, however, are few and are narrowly construed against the employer asserting them. Consequently, employers are cautioned by the U.S. Department of Labor to always closely check the exact terms and conditions of an exemption in light of the employee’s actual duties before assuming that the exemption might apply to the employee. The ultimate burden of supporting the actual application of an exemption rests on the employer.

The overtime requirement may not be waived by agreement between the employer and employees. An agreement that only eight (8) hours a day or only forty (40) hours a week will be counted as working time also fails the test of FLSA compliance. An announcement by the employer that no overtime work will be permitted, or that overtime work will not be paid for unless authorized in advance, also will not impair the employee’s right to compensation for compensable overtime hours that are worked.

© Padilla & Rodriguez, L.L.P. All Rights Reserved. Disclaimer | Sitemap

*John M. Padilla is licensed in Texas and California. The firm's other attorneys are licensed in Texas.

Attorney Advertising. The material and information contained on these pages and on any pages linked from these pages are intended to provide general information only and not legal advice. You should consult with an attorney licensed to practice in your jurisdiction before relying upon any of the information presented here. The acts of sending email to this website or viewing information from this website do not create an attorney-client relationship. The listing of verdicts, settlements, and other case results is not a guarantee or prediction of the outcome of any other claims. Law Firm Website Design by Law Promo