Violations of Texas Retail Workers Overtime Pay
Many employees who work in the retail sales industry are regularly cheated out of overtime wages they have earned. These violations occur in small Mom & Pop type retail stores as well as in large nation-wide chain stores. As a general rule, all retail employees are entitled to be paid time and one-half for all hours over 40 worked in a week. There are some exceptions to this rule and employers often misapply these exemptions to illegally deny workers additional compensation for their overtime hours worked. Exemptions that retail employers often use to illegally deny payment of overtime wages to employees are:
Inside Sales Exemption
Often, employers will classify their inside salespeople as exempt from getting minimum wage and additional pay for overtime despite stringent requirements that such salespeople do not meet. To be properly exempt from receiving these wages the employee must be working for a retail business, they must receive more than half of their wages from commissions, and they must be earning at least 150% the current federal minimum wage.
However, inside salespeople usually receive their pay in a salary or a salary plus commission basis, which means they are regularly not receiving 50% of their total pay through commissions. If this accurately describes your experience as an inside salesperson, you may have a claim against your employer for unpaid overtime wages. If you have any questions about the basis of the retail and service exemption or would like to discuss your legal options going forward, please contact us at (956) 205-0884
Outside Sales Exemption
Employers often wrongly classify their outside sales employees as exempt and illegally deny them minimum wages and overtime pay. Exemptions for outside salespeople are only applicable if their sales are primarily made at a customer’s place of business or home and not from a fixed site. Use of any fixed site, whether home or office, by a salesperson as a headquarters or for telephonic solicitation of sales may mean the employee is not truly an outside salesperson and is entitled to overtime pay. Outside sales do not include sales made by mail, telephone or the Internet. If you have questions about these laws or would like to discuss your potential claims, please contact us.
If an employee has a job title that implies management or supervision, they are often led to believe they cannot receive overtime pay because their title grants them salaried pay. However, an employee who simply carries the title of “manager” or “shift supervisor,” or something similar, and does not primarily serve that function, may actually receive pay for overtime even if they receive a salary.
If you have held the title of assistant manager, shift supervisor, or something similar, and have not been paid additional overtime wages, you may be able to file a claim against your employer for withholding overtime pay. If this sounds like your situation or you have further questions regarding underpaying employees on the basis of job title, contact an attorney with Leichter Law Firm PC.
Contacting a Texas Retail Workers Overtime Pay Attorney
In addition to these violations, employees in the retail industry are often illegally denied overtime payment in various other ways. For example, hourly employees are often required to work off-the-clock when they have to begin work before their shift starts or complete work after their shift ends. Also, it is common for hourly retail employees to be illegally denied wages when their employer deducts time for meals and breaks and the employee is not completely relieved of work duties during those times. If you feel like you have been cheated out of your deserved pay, contact an attorney with Leichter Law Firm PC for a free, confidential consultation. Call us at (956) 205-0884 as soon as possible.