Hourly Employees

Almost all hourly employees are entitled to overtime pay of at least one and one half times their regular rate of pay for hours worked over 40 in a workweek.

One exception is hourly employees who earn at least $27.63 per hour and satisfy the computer-related employee exemption.

Another exception is hourly employees who are subject to the jurisdiction of the Department of Transportation because they are a driver, loader, mechanic, or helper engaged in interstate transportation.

Even if you are an hourly employee and you receive overtime pay, you still may be entitled to additional compensation if your employer does not follow all of the regulations governing overtime law. For example, your employer may not be paying you for all “hours worked.” Texas overtime law generally requires employers to pay hourly employees for work performed “off the clock,” during lunches or meal breaks when you are not completely relieved of duties, for travel time after the start of the work day and before its end, and for time spent attending mandatory meetings, training, and most wait time.

Further, if you are an hourly employee and you receive overtime pay, you may be entitled to additional compensation if your employer does not include commissions, bonuses, and other non-discretionary forms of incentive compensation you receive when calculating your regular rate of pay.

Dallas, Texas overtime lawyer Barry Hersh explains overtime rights in plain English and aggressively represents hourly employees in overtime pay lawsuits. Hersh Law Firm is available to pursue unpaid overtime claims for employees all over Texas, including Dallas, Fort Worth, Houston, Austin, El Paso, and San Antonio. To submit your claim for a free evaluation, contact us here.