Frequently Asked Questions

Under the Fair Labor Standards Act (FLSA), non-exempt employees must receive time-and-a-half (1.5 times their regular hourly rate) for all hours worked over 40 in a workweek. For example, if you earn \$20/hour, your overtime rate would be \$30/hour.

Most employees are entitled to overtime pay unless they meet specific exemption criteria. To be exempt, you must typically: 1) Be paid a salary of at least \$684/week, 2) Have executive, administrative, or professional duties, and 3) Have genuine management responsibilities or specialized knowledge. Simply being paid a salary doesn't make you exempt.

Hourly employees: 1.5 × hourly rate for hours over 40 per week

Salaried non-exempt: Calculate regular rate by dividing weekly salary by total hours worked that week. Employee receives full salary PLUS additional half-time pay (regular rate × 0.5) for each overtime hour.

Piece rate workers: Regular rate = total weekly earnings ÷ total hours worked. Must receive additional half-time pay (regular rate × 0.5) for overtime hours.

Day rate workers: Regular rate = total weekly compensation ÷ total hours worked that week. Must receive time-and-a-half for overtime hours.

Many oil & gas workers are paid a flat daily rate (like \$300/day) regardless of hours worked. Under FLSA regulations, your regular hourly rate must be calculated by dividing your total weekly compensation by the total hours you actually worked that week.

Example: If you work 60 hours in a week and earn \$1,800 (\$300/day × 6 days), your regular rate is \$30/hour (\$1,800 ÷ 60 hours). You're owed overtime at \$45/hour for the 20 hours over 40.

Off-the-clock work includes any time your employer requires or permits you to work without pay, such as: arriving early to set up, working through lunch breaks, staying late to clean up, attending mandatory meetings or training, answering work emails/calls after hours, or working from home without compensation.

No. Federal law requires time-and-a-half pay for overtime hours. Your employer cannot avoid overtime pay by offering: comp time instead of pay, straight time for extra hours, bonuses in lieu of overtime, or requiring you to take time off to avoid overtime. These practices are illegal wage theft.

Employee misclassification is common. True independent contractors control how, when, and where they work. If your employer controls your schedule, provides equipment, trains you, or integrates your work into their business operations, you're likely an employee entitled to overtime pay regardless of what your contract says.

Automatic lunch deductions are only legal if you actually take an uninterrupted meal break. If you're required to work through lunch, interrupted by work duties, or cannot leave the workplace, you must be paid for that time. Many employers illegally dock pay for breaks that employees don't actually take.

You can typically recover unpaid wages for up to 2 years. If the violation was willful (your employer knew they were breaking the law), you can recover up to 3 years of back wages. The clock starts from when you file your lawsuit, not when you discover the violation.

Under the FLSA, you may be entitled to: unpaid overtime wages, liquidated damages (equal to the unpaid wages), attorney's fees and court costs, and interest on unpaid amounts. Some state laws provide additional penalties. In successful cases, employers often pay double the unpaid wages.

No. Federal law prohibits employers from retaliating against employees who file wage claims, participate in investigations, or assert their rights under wage and hour laws. Retaliation can include firing, demotion, reduced hours, harassment, or other adverse actions. Retaliation is a separate legal violation with its own damages.

While you can file a claim yourself, employment law is complex and employers often have experienced attorneys. A qualified employment attorney can: maximize your recovery, handle legal procedures, protect you from retaliation, and ensure you meet all deadlines. Most employment attorneys work on contingency - you pay nothing unless you win.

Yes, in many cases. While licensed in Texas and Florida, Paul M. Botros regularly handles federal wage and hour cases nationwide through federal court admissions. Many overtime violations fall under federal law (FLSA), which applies in all 50 states.

For state law claims outside Texas and Florida, we work with local counsel or seek pro hac vice admission as appropriate. We have experience with cases in California, New York, Illinois, Pennsylvania, and other states.

Texas: Follows federal FLSA standards with no additional state overtime requirements. Texas Payday Law provides strict deadlines (only 180 days) for wage claims with the Texas Workforce Commission.

Florida: Also follows federal FLSA with no state overtime law. Florida has a higher minimum wage than federal (\$13.00/hour in 2025, rising to \$15.00 by 2026).

Both states have specific final paycheck timing requirements and additional worker protections beyond federal minimums.

Texas: Only 180 days to file a wage claim with the Texas Workforce Commission under the Texas Payday Law. Federal FLSA claims have longer deadlines (2-3 years).

Florida: Follows federal FLSA deadlines (2-3 years depending on willfulness of violation).

Other States: Vary significantly. Some states like California have longer deadlines, while others mirror federal law.

Important: Time limits vary by type of claim and can be complex. Contact an attorney immediately to determine your specific deadline.

Texas: Final pay is due on the next regular payday after termination.

Florida: No specific timing requirement beyond federal standards (next regular payday).

Other States: Requirements vary widely. California requires immediate payment upon termination, while other states allow longer periods.

Delays in final pay can result in penalty wages that continue to accrue until payment is made in many states.