The first issue is to determine your proper classification – … Secondly, the employee also has to be engaged in a few specific types of work. ••• The Fair Labor Standards Act (FLSA) classifies employees as exempt and non-exempt from minimum wage and overtime requirements. Therefore, Texas' overtime minimum wage is $10.88 per hour, one and a half times the regular Texas minimum wage of $7.25 per hour. Information about Texas sick leave laws may now be found on our Texas Leave Laws page. Texas payday law: Texas requires employers to designate paydays that comply with state law. An employee is entitled to compensation for overtime as provided by federal and state law. See FLSA: Overtime for more information regarding overtime requirements. FLSA exempt workers must receive pay no less than once per month. Salary Basis Requirement To qualify for exemption, employees generally must be paid at not less than $684 * per week on a salary basis. Finally, the Texas Payday Law regulates the timing of the final paycheck in section 61.014. The amount of time the person spends performing exempt tasks and the ability to make decisions without direct supervision are other f… The law doesn’t give employees the right to take time off to eat lunch (or another meal) or the right to take short breaks during the workday. The rules contained in the act are enforced by the agency's Wage and Hour Division, which is also responsible for investigating employees' claims of unfair employment practices concerning minimum wage, overtime pay, exempt classifications and working hours. Tipped employees may be paid less than minimum wage, so long as the tips are sufficient to bring their hourly equivalent up to at least $7.25 per hour. If the child is 14 or 15 years old, they may not work more than 8 hours in one day, more than 48 hours in one week, and between the hours of 10 p.m. and 5 a.m. if a school day is the next day. The law requires employers to pay nonexempt employees at least the federal minimum wage and requires the payment of overtime for an employee who works more than 40 hours in a week. Information about Texas voting leave laws may now be found on our Texas Leave Laws page. In many cases, when 50 percent or less work time is devoted to primary jobs, an employee may still be qualified for FLSA exemption if the managerial duties are seen as important when compared to other kinds of work being performing. An employee's job title is not enough to exempt that person from the FLSA wage requirements. Beginning January 1, 2020, small businesses will have to comply with a new overtime rule, estimated to affect 1.3 million workers.The new rule requires that exempt salaried employees must be paid at least $684 per week, or $35,568 annually.Employees who do not meet this salary level must be classified as non-exempt, and be paid overtime for all hours worked over 40 in a workweek. Laws on Paid Time Off for Salary Plus Commission for Employees When you receive a salary instead of an hourly wage, you might not get paid extra for working overtime. To the extent that federal law conflicts with state law, federal law controls, regardless if federal law prescribes a stricter rule.State law says that an employee required to work hours in excess of 40 hours in a workweek is entitled to compensation for the excess hours, either by: 1. Payday Requirements. The Texas Workforce Commission is responsible for administering labor laws throughout the state, including upholding federal standards. Meal or lunch periods (usually thirty (30) minutes or more) do not need to be paid, so long as the employee is free to do as they wish during the meal or lunch period. A variety of Texas laws protect the rights of employees across the state, covering issues related to occupational safety, minimum wage, labor policies, and discrimination. Salaried employees must be in a leadership role and provide supervision over at least two or more workers. If an employee is laid off, discharged, fired, or otherwise involuntarily separated from employment, the final pay is due within six (6) calendar days of discharge. In many cases, when 50 percent or less work time is devoted to primary jobs, an employee may still be qualified for FLSA exemption if the managerial duties are seen as important when compared to other kinds of work being performing. For more information on Texas’s minimum wage laws, visit our Texas Minimum Wage Laws page, which includes topics such as minimum wage, tip minimum wage, tip sharing and pooling, and subminimum wages. Theresa Custodio is a Michigan-certified nurseryman with over 10 years experience. She has a Bachelor of Science degree from Eastern Michigan University with a major in biology and a minor in conservation and resource use. There are exceptions to this standard called "exemptions." 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