ExpertLaw.com Forums

Exempt Employee Paid at Rate of 40 Hours Per Week

Printable View

  • 03-14-2011, 07:55 PM
    gyro101
    Exempt Employee Paid at Rate of 40 Hours Per Week
    My question involves labor and employment law for the state of: Texas

    Thank you for your help in this matter.

    I was recently termed from a position that I held for six plus years- I do understand the concepts of the 'at will' employment and have already filed and recieved the 'negative' respone from the unemployment office for benefits.

    My question today is - I was considered an 'exempt' employee and was paid the rate of 40 hours per week. Although I dont think I ever worked a 40 hour week and it was more likely in the 50 plus hours of work - it is to my understanding that I should have been given a 'schedualled' time to take a lunch break.

    Does Texas require all employees a 'unpaid' lunch break?

    To give some 'filler' - I worked in a office enviroment and was responsible to open and close the location daily. The location was under staffed up to the last two months of my employment and it played apart of my termination once it was accuartly staffed - there were times when other non-exempt employees would come in to grab paperwork etc but they were 'field' personal and not considered 'office' personal such as my self. Their time in the office was mandated to only be in the location for a very short time a day.

    Looking at my payroll records that I was able to pull from my online pay account - there is no 'deduction' as well as any other mention that there was any changes tothe account besides the 8 hour shift worked. (I worked from 8:30 to 6:00 PM daily.)


    I should also mention that there is some implications as well as that I also posses a commercial drivers license.... I would fill the daily logs to mainatin legal compliance incase I ever had to drive and these logs were turned in monthly to the corporate office showing that I did not have lunch.

    Sorry for any spelling errors etc - I am thankful for any help or guidance.
  • 03-14-2011, 08:05 PM
    cbg
    Re: Exempt Employee
    Texas does not require any breaks at all, paid or unpaid, for employees of either exempt or non-exempt status.

    You were not paid at the rate of 40 hours per week. You were paid a salary based on the value of the job to the company. If you are looking at payroll records, be aware that many, many payroll systems default to show 40 hours per week to exempt employees, but the number of hours worked by an exempt employee has no relationship to their pay, regardless of whether it says 40 hours on the pay stub or not.
  • 03-16-2011, 01:26 PM
    gyro101
    Re: Exempt Employee Paid at Rate of 40 Hours Per Week
    Thank you.

    I was not sure if it would matter or not as I had to fill in the daily log book and one of the DOT requirments (to my undertanding) was to give a person who has a CDL a break within so many hours etc etc etc.

    After reading some posts I now have a better understanding.

    Thank again
  • 03-16-2011, 01:49 PM
    cbg
    Re: Exempt Employee Paid at Rate of 40 Hours Per Week
    I am not familar with DOT regulations - that would be a separate issue. The DOT is Federal (though Federal law for general employment does not require breaks either); I don't know what they require. Texas law is silent on the matter of breaks.

    My personal belief is that every employee works better for the occasional break, but so far neither the Federal government nor the legislature of approximately half the states has had the good sense to listen to me. ;)
All times are GMT -7. The time now is 09:20 PM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved