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Waiver of Overtime Hours In these cases, an employee can work beyond the 8 hours a day and 40 hours a week threshold and must be paid at the FLSA mandated overtime rate.
Your employers can require you to work mandatory overtime. However, if employers do require employees to work more than 40 hours per week, those employees are required to be compensated at overtime rates. Whether the overtime work is voluntary or required, employers still need to follow FLSA overtime rules.
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.
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
Salaried employees cannot have their pay deducted by their employer if they work less than 40 hours per week or the employee may be seen as nonexempt and entitled to overtime compensation when working more than 40 hours a week.
Salaried Employees: Often times employers will tell employees because they receive a salary they are not entitled to overtime. This is not true. Except for certain specific exemptions all employees are entitled to overtime, regardless if they are paid hourly or receive a salary.
Generally, Tennessee salaried employers who make more than $23,660 are not due overtime, but new rules and new interpretations under the federal Fair Labor Standards Act (FLSA) have qualified more salaried employees for overtime pay.
These exemptions also apply in Texas. So if you're paid an annual salary and earning more than a certain amount set by law, you are considered "exempt" and not covered by the FLSA. This means exempt employees are not entitled to overtime pay for working more than 40 hours in a week.