Troy Overtime Lawyer 

Working long hours means you deserve to be paid correctly for the time you put in. For employees in Troy, Texas, including those working in manufacturing, distribution, logistics, and service industries, unpaid overtime can create significant financial stress. Unfortunately, some workers may lose wages because of inaccurate timekeeping, employee misclassification, or other improper pay practices. 

At Scanes Yelverton Talbert, LLP, we represent workers in Troy and throughout Bell County who have not received the wages they earned. Federal and Texas wage laws protect employees, including overtime requirements for eligible workers. Our legal team reviews pay records, job duties, timekeeping practices, and other evidence to determine whether employers withheld wages improperly. 

Understanding Overtime Laws in Texas 

The federal Fair Labor Standards Act (FLSA) mostly governs Texas's overtime regulations. These safeguards typically consist of the following for covered and non-exempt employees: 

The 40-Hour Workweek Rule 

Non-exempt employees who work more than 40 hours in a single workweek usually must be paid overtime. An employee typically receives 1.5 times their regular rate of compensation for each overtime hour worked. 

Calculating the "Regular Rate" 

An employee’s regular rate may include more than their basic hourly wage. Depending on the circumstances, certain non-discretionary bonuses, shift differentials, commissions, and other forms of compensation may need to be included when calculating overtime pay. 

No Hours Averaging 

Generally, employers cannot avoid paying overtime by averaging hours over several workweeks. For instance, an employer typically cannot average two weeks and treat them as 40-hour weeks if an employee works 50 hours one week and 30 the next. Overtime may be available for the ten extra hours worked during the first week. 

Common Ways Employers Avoid Paying Overtime 

Overtime violations are not always obvious on a paycheck. In some cases, an employee may not realize there is a problem until they take a closer look at their hours, job duties, and pay. 

Misclassifying Employees as "Exempt" 

A job title or salary alone does not necessarily determine whether an employee is exempt from overtime. For example, calling someone a “supervisor,” “team lead,” or “assistant manager” does not automatically make that employee exempt. 



Whether an exemption applies depends on several factors, including the employee’s actual job duties and the requirements of the specific FLSA exemption. An employee who is improperly classified as exempt may be entitled to unpaid overtime. 

Independent Contractor Misclassification 

Being labeled an independent contractor does not always mean a worker is legally considered one. The nature of the working relationship matters. 

Depending on the circumstances, factors such as the worker’s independence, the employer’s control over the work, and the overall economic relationship may be considered when determining employment status. A worker who has been misclassified may be entitled to protections they were previously denied, including overtime pay. 

Off-the-Clock Work Requirements 

Employees generally must be paid for compensable work their employer requires or allows them to perform. Examples of potentially unpaid work may include: 

• Completing required tasks before a scheduled shift begins. 
• Cleaning equipment or completing other duties after clocking out. 
• Loading vehicles, completing paperwork, or responding to work-related messages outside scheduled hours. 
• Performing work during an unpaid meal period. 

Even small amounts of unpaid time can add up when employees perform the same work regularly. 

Unlawful Tip Credit Practices 

Special wage rules apply to tipped employees. Problems may arise when an employer improperly calculates overtime, takes an invalid tip credit, or requires employees to participate in an unlawful tip-sharing arrangement. When employers violate these rules, employees may be entitled to recover unpaid wages. 

Damages and Financial Recovery in Overtime Claims 

Employees who have not been properly paid may be able to recover unpaid wages and other damages. What is available will depend on the circumstances and the law involved. Potential recovery may include: 

• Back Pay: Any overtime and other compensation that was not paid during the relevant recovery period. 
• Liquidated Damages: Subject to relevant defenses and conditions, the FLSA may permit employees to get liquidated damages in addition to unpaid wages. 
• Interest: Interest may be available on certain unpaid wage awards depending on the claim. 
• Attorney Fees and Litigation Costs: The FLSA allows successful employees to recover reasonable attorney fees and certain court costs. 
• Statute of Limitations: FLSA claims generally have a two-year limitations period, which may extend to three years for willful violations. 

Retaliation for Claiming Overtime Is Illegal 

Employees should not have to fear losing their jobs simply for asking about unpaid wages or exercising rights protected by wage-and-hour laws. The FLSA includes protections against retaliation for certain protected activities. 

Retaliation can take many forms, such as being fired, demoted, given fewer hours, or facing other negative actions. You may have a separate retaliation claim if you think your employer penalized you for using protected wage-related rights. The conditions and relevant legislation determine the potential remedies. 

Steps to Take If Your Employer Owes You Overtime 

If you believe you have not been paid correctly, preserving relevant information can help you better understand what happened and support a potential wage claim: 

1. Keep Your Own Records: Write down your daily start and end times, meal breaks, and any work performed outside your scheduled hours. 
2. Save Pay Stubs and Schedules: Keep copies of pay stubs, work schedules, emails, and text messages related to your hours and assignments. 
3. Review Your Job Duties: Save job descriptions, employee handbook policies, and other documents describing your responsibilities. 
4. Keep Relevant Communications: Preserve messages from supervisors involving work performed before or after your shift or during unpaid time. 
5. Speak With an Employment Attorney: An attorney can review your pay structure, job duties, and work records and explain your options. 

Why Choose Scanes Yelverton Talbert, LLP? 

Wage and overtime disputes can involve detailed pay records, complicated employment classifications, and federal and state requirements. Scanes Yelverton Talbert, LLP helps employees understand their rights and determine how to move forward. 

• Board Certified Leadership: Partner Joel Shields is Board Certified in Labor & Employment Law by the Texas Board of Legal Specialization, bringing specialized knowledge to wage-and-hour disputes. 
• Appellate Experience: Partner Tyler Talbert is Board Certified in Civil Appellate Law, bringing additional experience in handling cases through the appeals process. 
• Trial-Ready Representation: Our attorneys prepare cases with litigation in mind and are prepared to take a wage dispute to court when necessary. 

Speak with a Troy Overtime Lawyer Today 

If you believe your employer has failed to pay overtime or has incorrectly classified your employment status, Scanes Yelverton Talbert, LLP can review your situation, explain your rights, and help you understand your legal options. 

Contact Scanes Yelverton Talbert, LLP today to schedule a confidential case review with our employment law team.