What Qualifies As Work
The Fair Labor Standards Act (FLSA) requires that all covered, nonexempt employees be paid at least the minimum wage for all hours worked.
FLSA also provides that covered, nonexempt employees who work more than 40 hours in the work week must receive at least one and one-half times their regular rate of pay for the overtime hours (hours worked over 40 in a work week).
A work week, which can begin on any day of the week, is seven consecutive 24-hour periods or 168 consecutive hours.
A covered, nonexempt employee must be paid for all hours worked.
Generally speaking, work is anything that an employee does during his or her assigned hours that in one way or another is related to the function, form, or production of the employer. Working on an assembly line is related to the production of the business. Working as a business consultant is related to the form of the business. A payroll manager is contributing to the function of the business.
The following situations are considered work:
Breaks – Although neither required by the Texas state nor federal governments, some employers offer or require breaks to be taken by employees. These periods are considered work time. Non-Required Work – Any optional work performed is considered work time because it is related to the function, form, or production of the business. Voluntary Work – Some employers assign special tasks on a voluntary basis. These tasks and the time they require are considered work. Non-Approved Work – Work performed for an employer that is not authorized or not approved is still considered work. The employer must specifically prevent you from performing non approved work.
Things That Are Not Work But Are Payable
Non-Productive Time – Call-center workers, receptionists, security personnel, and others frequently have periods where there is no work to be performed. This is considered work time even though it is non-productive. A good example of this is a receptionist reading a novel while waiting for the telephone to ring. Travel-Time– Driving a company vehicle to run errands is considered payable time even though work is not being performed.
Have you been denied overtime pay? Contact the Rasansky Law Firm online, or call our offices anytime at 1-877-659-1620 to discuss your situation with our experienced overtime attorneys. In the complimentary consultation, our attorneys will review your experiences and situation and provide you information regarding your legal rights, options, and responsibilities. We demand strict professional standards. Our Dallas-based attorneys are among the best employment & overtime pay lawyers and have resolved many multi-million dollar personal injury cases. We are passionate about our role as advocates and treat our clients with complete respect and compassion. We are committed to utilizing all available legal advantages and tactics to successfully resolve your personal injury claim.
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