What to Do if Your Employer in Temple isn’t Paying You Proper Overtime 

If you live or work in Temple, Texas, and suspect that your employer isn’t paying you the overtime you’re rightfully owed, our team at Scanes Yelverton Talbert, LLP (SYT) is here to help. We understand how confusing and frustrating it can be to realize that your paycheck doesn’t reflect the hard work and long hours you’ve put in, and it can be even harder when you don’t know how to take action. You may have questions like “Is this legal?” or “Can I even do anything about it?”. 

   

Let us be clear: if your employer is failing to pay you proper overtime, that’s a serious legal issue, and you have rights under both Texas and federal law. At SYT, we’re here to help you understand those rights, determine if a violation has occurred, and take decisive, strategic action if necessary. We don’t take a cookie-cutter approach to legal matters; we take the time to listen to your situation, understand the facts, and offer guidance tailored to your needs. And if you’re facing a difficult employer or a complex legal landscape, that’s precisely the kind of challenge our attorneys are known for handling. 

   

Let’s begin by breaking down what your rights are and what you should do if you suspect something is wrong with your pay. 

 

Understanding Your Rights as a Worker in Texas 

As a worker in Texas, you have protections under both state and federal law when it comes to how and when you’re paid. The law is obvious when it comes to overtime pay. If you work more than 40 hours in a workweek, in most cases, you are entitled to receive time-and-a-half (that is, 1.5 times your regular hourly rate) for every hour over 40. 

   

This applies to most hourly employees and some salaried employees, depending on their job duties and classification. Unfortunately, many workers are either unaware of these rules or unsure if they apply to them. That’s one of the main reasons employers sometimes get away with wage violations. They’re banking on your uncertainty. 

   

It’s critical to understand that you have a legal right to be paid fairly, which includes receiving correct overtime pay. Whether you’re working in construction, healthcare, retail, hospitality, or any other field in Temple, overtime pay is not a bonus or a favor; it’s the law. 

 

What Is the Fair Labor Standards Act (FLSA)? 

The Fair Labor Standards Act (FLSA) is a federal law that sets the national standards for minimum wage, overtime pay, and recordkeeping. Under the FLSA: 

   

• Employers must pay non-exempt employees at least the federal minimum wage. 
• Employees who work more than 40 hours in a week must receive 1.5 times their regular rate of pay for every hour over 40. 
• Employers must keep accurate records of employees’ hours worked and wages paid. 

   

Many Texas workers are covered under the FLSA. However, some employers misclassify employees as exempt (or independent contractors) when they shouldn’t be. Others “adjust” time records to avoid showing more than 40 hours worked. These are violations of the FLSA, and they are serious infractions that can lead to significant legal consequences for employers. 

   

At SYT, we know how to identify these violations. More importantly, we know how to take action that holds employers accountable and gets you the compensation you deserve. 

 

Understanding Classifications 

Understanding how workers are classified is crucial for determining whether you're entitled to overtime pay. Under federal and Texas labor laws, employees generally fall into two categories: exempt and non-exempt. Non-exempt employees are typically paid hourly and are entitled to receive overtime pay when they work more than 40 hours in a workweek. Exempt employees, on the other hand, are usually salaried and work in roles that meet specific criteria under the FLSA, such as executive, administrative, or professional positions. However, job titles alone don’t determine exemption status; what matters most is the actual job duties and level of responsibility. Some employers misclassify workers as exempt to avoid paying overtime, even when their daily tasks don’t meet the legal standard for exemption. Others may label employees as independent contractors when, by law, they should be treated as regular employees. These misclassifications can result in lost wages and are often grounds for legal action. If you’re unsure how you’re classified or believe your classification is being used unfairly, our team can help you get clarity and fight for the compensation you may be owed. 

 

Common Signs of Overtime Violations 

Recognizing when your employer is violating overtime laws isn’t always easy, especially if you’re not sure what you’re entitled to in the first place. Many people don’t realize they’re being underpaid until weeks, months, or even years have gone by. Some workers assume their employer is following the law, while others are too afraid to question suspicious practices for fear of retaliation or losing their jobs. 

   

Unfortunately, employers often rely on that uncertainty. They know that wage and hour laws can be confusing, and they sometimes exploit that confusion to save money. At SYT, we help employees understand their rights and identify potential red flags that may indicate overtime violations. Here are some of the most common signs that you may not be receiving the overtime pay you deserve: 

 

1. Being Asked to Work "Off the Clock" 

If your employer expects you to do any work before you clock in or after you’ve clocked out, whether it’s setting up equipment, prepping for your shift, answering emails, or cleaning up afterward, that is a major red flag. All hours worked should be compensated, and if those tasks cause your total hours to exceed 40 in a week, you should be paid overtime. 

   

Some employers try to justify this by calling it “just a few minutes” or by saying, “everyone does it.” But the law doesn’t make exceptions for those excuses. If you’re performing duties that benefit your employer, you’re legally entitled to be paid for that time. 

 

2. Time Records Being Altered or “Rounded” 

Another common tactic involves manipulating time records. This can include: 

• Automatically rounding down your hours 
• Cutting off time to avoid hitting 40 hours 
• Manually changing timesheets to reflect fewer hours than you worked 

   

Even small changes can add up over time. For example, if your employer routinely rounds your hours down by 10 or 15 minutes each day, you could be losing out on several hours of pay each month. If those hours had qualified as overtime, that’s a serious legal violation. 

 

3. Being Paid Straight Time for Overtime Hours 

If you are working more than 40 hours in a workweek and your employer is paying you your regular hourly rate (also known as “straight time”) instead of time-and-a-half, this is a direct violation of federal law under the Fair Labor Standards Act (FLSA). 

   

Some employers may try to argue that overtime pay doesn’t apply to your role, or that they have some special arrangement that exempts them from the rule. In most cases, that’s not true. If you are a non-exempt employee (and most workers are), you are legally entitled to 1.5x your hourly wage for overtime hours. 

 

4. Being Misclassified as Exempt or as an Independent Contractor 

One of the more deceptive ways employers avoid paying overtime is by misclassifying employees as: 

   

• Exempt from overtime, even though their job duties don’t meet the criteria for exemption. 
• Independent contractors who work full-time under the company's control and supervision are acting like regular employees. 

   

This kind of misclassification is not just unfair, it’s illegal. For example, just because your employer gives you a salary or a fancy job title doesn’t mean you’re exempt from overtime. The law looks at what you actually do daily, not what your title says. 

   

Similarly, if you're a "contractor" but your employer controls your schedule, provides your tools, and directs how you do your job, you might actually be an employee, and entitled to overtime pay. 

 

5. Unpaid Training, Travel, or On-Call Time 

Time spent in mandatory training sessions, traveling for work (beyond a regular commute), or being required to remain on-call can be considered compensable work time. If this time puts you over 40 hours in a workweek, you should be receiving overtime pay. 

   

Employers sometimes ignore or overlook these hours either by not counting them at all or by pretending they don’t count toward the 40-hour threshold. In either case, you may be missing out on rightful overtime compensation. 

 

6. Pressure Not to Report All Hours Worked 

This can be one of the most subtle yet damaging tactics. Employers may never explicitly tell you to lie about your hours, but they may: 

   

• This implies that you shouldn’t report more than 40 hours. 
• Make you feel guilty or ashamed for “needing” overtime. 
• Enforce unofficial limits on overtime hours that result in unpaid work. 
• Suggest that reporting overtime “hurts the team” or affects your chances of advancement. 

   

This type of culture creates a situation where employees feel forced to underreport their hours, even though they’re working well over 40 hours a week. If you’ve been made to feel this way at your job, it’s not just a workplace issue; it could be a legal one, too. 

 

7. Wage Statements That Don’t Add Up 

If your pay stub or wage statement shows inconsistencies, such as fewer hours worked, missing overtime payments, or unclear hourly rates, it could be a sign that your employer is hiding overtime violations. 

   

Many workers never review their pay stubs in detail, but doing so can reveal significant discrepancies that are costing them money. If something looks off and you’re not getting straightforward answers from your employer, it’s time to ask questions and possibly get legal help. 

 

8. “We Don’t Do Overtime Here” 

Some employers attempt to circumvent overtime laws by claiming a company policy against overtime pay. They may say things like “we just don’t pay overtime here” or “you’re expected to get your work done in 40 hours, no exceptions.” 

 

While some of these statements may sound official, they’re not legal defenses. Company policy cannot override federal wage laws. If you work more than 40 hours and are eligible for overtime, you must be paid even if your boss says otherwise. 

 

What to Do If You’re Not Being Paid Proper Overtime in Temple, TX 

If you suspect you’re not being paid the overtime you’ve earned, it’s essential to act quickly and reach out to us as soon as possible. Here are the steps we encourage you to take: 

   

1. Start Gathering Documentation 

One of the most powerful things you can do is collect any records that support your claim. This might include: 

• Timesheets or punch clock records 
• Pay stubs showing your hourly rate and hours worked 
• Work schedules or shift assignments 
• Emails or text messages from supervisors assigning hours 
• Personal notes or calendars tracking your hours   

 

Even if you don’t have all of this, any information you’ve managed to track (no matter how informal) can help. And don’t worry if you are not able to gather any documentation; if there's anything you cannot pull, our team will work to collect it. We’re experienced in building strong legal cases, even when evidence is limited or when employers have tried to cover their tracks. 

 

2. Initiate Your Free Case Review 

Before jumping to any legal conclusions or confronting your employer, you should speak with an attorney at SYT. We offer a free case review to help us better understand and assess your case. You can get started by filling out our online employment claims case review form. Once submitted, our legal team will evaluate your information and let you know if we believe there’s a valid claim. If there is, we’ll walk you through your legal options and what comes next. 

 

3. Do Not Delay: There Are Deadlines 

One of the most important things to understand is that there are strict time limits for filing wage claims and overtime lawsuits in Texas. Under the FLSA, most claims must be filed within two years, but depending on the situation, that window can shrink or be extended slightly for willful violations. 

   

Waiting too long can mean losing your chance to recover what you’re owed. That’s why we strongly encourage workers in Temple and the surrounding areas to reach out to our firm as soon as they suspect a problem. We’ll help you determine whether you have a valid claim, and if so, ensure your case is filed on time and pursued aggressively. 

 

Why Choose Scanes Yelverton Talbert, LLP? 

At SYT, we have earned a reputation across Texas and nationwide for taking on challenging cases that others won’t touch. We’re not intimidated by large corporations, aggressive employers, or complicated legal landscapes. 

   

Here’s what sets us apart: 

• We don’t do “one-size-fits-all.” Every client and every case is different. We tailor our approach to match your specific needs and goals. 
• We handle complex legal matters. Our attorneys are recognized leaders in employment law, with a track record of success in wage and hour disputes. 
• We care about results and relationships. We understand that for many of our clients, this isn’t just about money, but it’s also about justice, accountability, and the right to be treated with dignity at work. 

   

When you work with us, you’re not just another case file. You’re a person who deserves to be heard, and we’ll make sure your voice carries weight in the legal system. 

 

Take the First Step Toward Fair Compensation 

If you’re in Temple and you believe your employer has failed to pay you proper overtime, don’t stay silent. Too many workers suffer in silence, unsure of their rights or afraid to come forward. But with the right legal team by your side, you don’t have to go through it alone, and you don’t have to settle for less than what the law says you deserve. 

   

At SYT, we’re here to provide trusted guidance, honest answers, and aggressive representation when it matters most. 

   

Start your free case review today by completing our secure online employment claims case review form. Our team will evaluate your situation and provide you with real, actionable information. 

   

Your time, your effort, and your rights matter. Let Scanes Yelverton Talbert, LLP help you fight for what you’ve earned.