A Texas federal court has struck down the 2024 Department of Labor overtime rule increasing the salary level applicable to the Federal Labor Standards Act's “white collar” exemptions both prospectively and retroactively.
Why Overtime? Four valid reasons for using overtime are: (1) 24/7 coverage, (2) workload fluctuations, (3) staff variations, and (4) labor market considerations.
Start with a polite greeting and ask if they are open to you working overtime, rather than just telling them you need to. Briefly explain the reason for the overtime request so they understand the context. Acknowledge that it may require flexibility on your part and express willingness to discuss scheduling.
Typically, for an unpaid overtime claim, an employee has up to two years to file a complaint or lawsuit. If action is not taken within two years, the court will likely deny the case. This time limit can be extended up to three years if the worker can prove that the employer knowingly went against FLSA regulations.
Getting more working time outside your usual scheduled hours is at the discretion of your supervisor so you must get them on your side. Emphasize your commitment to the job and how both you and the business will benefit. Be direct and polite when making this request and provide supporting information.
Employers can require employees to work overtime (also known as mandatory overtime), as long as they are compensated ingly. Some states have a daily overtime limit, but Texas does not. Texas does prohibit mandatory overtime for registered nurses (RNs) and licensed vocational nurses (LVNs).
Meet with your supervisor in person, if possible, to explain the situation. Offer valid reasons why you're asking for an extension and the ways you've tried to keep the project on track. Valid reasons include circumstances that were unexpected or out of your control.
Complaint Process Gather Information. Gather information you will need to file your complaint. How to File. Call 1-866-487-9243, or for general questions reach out to us online. We Work with You. We will work with you to answer your questions and determine whether an investigation is the best course of action.