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That depends on the company. Some companies don't allow overtime, while others require employees to work overtime on a regular basis. Hourly paid employees, especially fast food workers, clerks, and cashiers are usually not allowed to work overtime because the companies don't want to pay the extra money. Salaried employees (those that make a set monthly or yearly amount no matter how many hours they work) are often required to work overtime, with no extra pay for it.

As far as the law goes, no, overtime is not optional. Your employer has the right to keep you at work passed 8 hours if they chose to. If you have a union, your collective agreement often contains a clause that makes overtime optional.

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Are the overtime laws in Texas different than the federal FSLA guidelines?

Yes, overtime laws in Texas are different than the federal Fair Labor Standards Act (FLSA) guidelines. While the FLSA requires employers to pay overtime for hours worked over 40 in a workweek, Texas however does not have any state-specific overtime laws and follows the federal guidelines.


What are the laws for Texas on overtime and comp time?

In general, for Texas it is illegal to offer comp time to workers rather than paying them overtime. Overtime is governed by federal, not state laws, and can be reviewed at http://en.wikipedia.org/wiki/Overtime.


employment law, hourly worker told "we can't pay you overtime" Actual hours worked along with the 'required' 8 hours are documented. Overtime verifiable by presence of others at both ends of the day. Need to know if this is worth pursuing or not. Thank-yo?

If you are consistently working overtime hours that are not being compensated, you may have a valid claim for unpaid wages under the Fair Labor Standards Act (FLSA). It would be worth pursuing by discussing the situation with your employer or contacting the Department of Labor to file a complaint. Keep detailed records of your hours worked for evidence.


Can you get paid overtime as a 1099 employee?

No, as a 1099 employee, you are considered a contractor rather than an employee, so you are not entitled to overtime pay. Your compensation is typically agreed upon in a contract with the client or employer, and any additional compensation for extra hours would need to be negotiated beforehand.


How do you report an employer for unpaid overtime?

You can file a report with the Department of Labor or your state's labor agency. You may also consider seeking legal advice from an employment lawyer who specializes in wage and hour laws to understand your rights and options for recourse. Keep records of your hours worked and any communication with your employer regarding the unpaid overtime.