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Under federal overtime law and Texas overtime law, salaried employees must receive overtime pay for hours worked over 40 in any workweek unless two specific requirements are met: (1) the salary exceeds $455 per workweek; and (2) the employee performs duties satisfying one of the narrowly-defined FLSA overtime
If you are a non-exempt employee, your employer must pay you at least the federal minimum wage (currently $7.25 per hour in Texas and under federal law) and must pay you overtime pay at a rate of at least one and a half times your hourly pay rate for all hours worked over 40 in each workweek.
Overtime can be voluntary (it may be offered or requested by an employer during very busy periods) or compulsory (it can be guaranteed or non-guaranteed). It will depend on the terms and conditions of the contract whether overtime is: voluntary.
Unless specifically exempted, employees must receive overtime pay for hours worked in excess of 40 in a workweek at a rate of 1 and 1/2 their regular rates of pay.
Employees earning less than $23,600 per year or $455 per week, are nonexempt. Employees who earn more than $100,000 per year are almost certainly exempt under current law, however this is set to go up in 2016 too.
Employees can be required to work overtime, whether paid or unpaid, only if this is provided for in their contract of employment.
Examples of non-exempt employees include contractors, freelancers, interns, servers, retail associates and similar jobs. Even if non-exempt employees earn more than the federal minimum wage, they still take direction from supervisors and do not have administrative or executive positions.
Maximum hours an exempt employee can be required to work The law does not provide a maximum number of hours that an exempt worker can be required to work during a week. This means that an employer could require an exempt employee to work well beyond 40 hours a week without overtime compensation.
Overtime Exemptions in GeorgiaExecutives, administrators, and other professionals earning at least $455 per week do not have to be paid overtime under Section 13(a)(1) of the Fair Labor Standards Act.
Salary level test. Employees who are paid less than $23,600 per year ($455 per week) are nonexempt. (Employees who earn more than $100,000 per year are almost certainly exempt.)