November 4th, 2008

Primitive Sign
Primitive Sign
In Texas does the law require that we get paid overtime for working over 40 hours in a week?

I work at a daycare, and do not know if it is mandatory that we get paid overtime. My husband had been pointing out that I should be receiving about an hour or 2 more on my check based on the hours that I had been working last week, and going over my hours and lunch times, I have come to realize that indeed, I should be receiving 1.3 hours overtime on my check. Last time I thought I was hitting about half an hour, I had my check close at 80 hours, so I have suspected that hours do get shaved off our time.
We do not have official punch cards nor a computer keeping track of the time, but rather use a primitive method of using sign-in sheets. Last time someone confronted my boss about being short-changed, she yelled she does not pay overtime. Is this even legal? Is there a way to report such behavior? I do not believe it fair to not be paid for my time, especially when I am not asked to stay beyond my scheduled hours.

The law is that you must be paid for every hour worked. If you are clocking more than 80 hours in a pay period, and she is not paying overtime, she is breaking the law. The reason that many of these sorts of businesses use a sign in sheet is so that if they are sue, they can say that you wrote down the wrong time. The problem is that in reporting, she will fire you. If you can afford the lawyer, she will be forced to pay the back wages, but either way, you would likely not be working there anymore.

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