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  1. #1
    Join Date
    Apr 2010
    Posts
    1

    Question Overtime Hours Not Paid

    My question involves employment and labor law for the state of: Texas

    My Fiancée works as a dental assistant. She only went to a technical school and was certified recently back in September. Her employer which is a large corporation will make her stay late to assist the doctors in a procedure and will accumulate overtime in a week. Usually about 4 to 6 hrs. Her manager then changes her time sheet to show only 40 hrs in the work week and then tell that she will add it to her next weeks hours and should she accumulate or not use up her overage in hrs it just rolls over again. True at times she does get to leave earlier then her scheduled and uses up some of her "accumulated hrs" time but isn't this illegal to change her time sheet and not pay her overtime instead? I have looked over the "exempt" categories and we both feel she does not fit into the exempt criteria. Please help...

  2. #2
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Overtime Hours Not Paid

    It is not illegal to "modify" the time sheet. What IS illegal is to not pay overtime to nonexempt employees when it is legally required. She can file a claim with the Texas Workforce Commission. In the meantime, she should keep a copy of her time sheet before she turns it in. "Comp time" which spans more than one workweek is not allowed for private employers.

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