How is Overtime Defined?

Overtime Definition

I get calls from potential clients who want to know how overtime is defined and what sort of work constitutes overtime.  While some states have their own laws governing overtime, Texas does not, and thus overtime in Texas is regulated by the Fair Labor Standards Act, or FLSA. Overtime in the U.S. is considered any hours worked above forty in a week.  Certain tasks, such as driving to and from one’s house to the office, do not count as overtime.  However, most tasks do count as hours worked.  These tasks include driving from the office to another location to perform work, checking and responding to e-mails at home, taking work-related phone calls, and attending safety meetings or training sessions.  Some companies adopt policies that cheat their employees out of time by refusing to count certain tasks such as those listed above as hours worked.  In such a case, the employees may have a claim for unpaid overtime.  There are many other tricks employers use to illegally deny their workers overtime pay, such as telling them they are exempt from overtime or misclassifying them as independent contractors when they are actually employees.  All of these tricks can give rise to a claim for unpaid overtime.  

If you have questions about whether you have been denied overtime pay, you should speak with an experienced overtime attorney as soon as possible.  Josh Borsellino is a Texas overtime attorney that fights to get his clients the overtime pay they deserve.  Call Josh today at 817.908.9861 or 432.242.7118 for a free consultation.


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