WAGES, HOURS,
OVERTIME
9-1
CHAPTER 9
WAGES, HOURS AND OVERTIME
BY WADE A. FORSMAN
9:1. FEDERAL FAIR LABOR STANDARDS ACT
A. Historical Context
B. Coverage
1. Employer-Employee Relationship
a. Employer Defined
b. “Suffer or Permit to Work”
c. Economic Realities Test
d. Joint Employers
e. State and Other Public Employees
f. Volunteers
g. Trainees
h. Prisoners
i. Undocumented Workers
2. Engaged in Commerce
3. Enterprise
a. “Related” Activities
b. Unified Operations or Common Control
c. For a Common Business Purpose
4. Relationship to Collective Bargaining Agreements
5. Statutory Exemptions From FLSA Coverage
a. Domestic Services Exemption
b. Fishing Operations Exemption
c. Agriculture
C. Actions Under the FLSA
1. Forum
2. Limitations
3. Arbitration
4. Collective Actions
5. Compromise Settlement Agreements
D. Damages and Penalties
1. Back Wages and Liquidated Damages
2. Prejudgment Interest
3. Civil Penalties
4. Attorneys ’ Fees
WAGES, HOURS,
OVERTIME
Texas Employment Law 9-2
E. Retaliation
1. Protected Activity
2. Adverse Employment Action
3. Available Damages
F. Recordkeeping
G. DOL Investigative Powers
H. Relationship to State Law
9:2. MINIMUM WAGE
A. Federal Minimum Wage
1. “Opportunit y” Wage for Youth
2. Trainees
3. Tipped Employees
4. Deductions for Meals
B. Texas Minimum Wage Act
1. Deductions for Cost of Meals/Lodging
2. Tipped Employees
3. Penalties
4. Action to Recover Unpaid Wages
5. Exemptions
C. Texas Prevailing Wage Rates on Public Contracts
9:3. OVERTIME
A. General Rule
B. Public Employees
C. Exempt Employees
1. Executive Exemption
a. General Rule
b. Business Owner
2. Administrative Exemption
a. General Rule
b. Educational Establishments
3. Professional Exemption
a. Learned Professional
b. Creative Professional
c. Teachers
d. Practice of Law or Medicine
4. Computer Employees
5. Outside Sales Exemption
6. Combination Exemptions
7. Highly Compensated Employees
8. Permissible Deductions From Salary
D. Irregular Hours
1. Belo Contracts
2. Fluctuating Workweek Contracts
E. Exemptions From Overtime
1. Seaman Exemption
2. Motor Carrier Exemption
3. Emergency Response Personnel Exemption
4. Car Salesperson Exemption
5. Railway Labor Act Exemption
6. Retail or Service Establishment Exemption
WAGES, HOURS,
OVERTIME
9-3 Wages, Hours and Overtime
9:4. COMPENSABLE TIME
A. General Rule
1. The De Minimis Doctrine
2. Preliminary/Postliminary Activities
3. Collective Bargaining Agreements
B. Meal Periods
C. On-Call Time
D. Travel Time
E. Training Classes
F. Vacation and Sick Time
G. “Civic Duty” Time
9:5. PAYMENT OF WAGES: TEXAS PAYDAY LAW
A. Overview
1. All Private Employers Covered
2. Public Employers Not Covered
B. Payment of Wages
1. Wages Defined
2. Time of Payment
3. Manner of Payment
C. Wage Claims Under Payday Law
1. Choice of Remedies
2. Texas Workforce Commission Wage Claim
a. File Wage Claim
b. Preliminary Wage Determination Order
c. Hearing on Preliminary Wage Determination Order
d. Payment of Claims
e. Judicial Review
f. Enforcement
9:6. DEDUCTIONS FROM WAGES
A. Overview
B. Family Law Wage Withholding Orders
1. Sources of Wage Withholding Orders
2. Employer’s Responsibility
3. Penalties
4. Discrimination Prohibited
C. Wage Garnishment
9:7. CHILD LABOR
A. Texas Child Labor Law
1. General Rule
2. Restricted Hours of Work
3. Hazardous and Special Occupations
B. Federal Child Labor Law
