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Salary Requirement For Overtime Exemption Increases January 1st By John Litzler Front Porch News Texas What Is The Minimum Wage By State
What is the minimum wage by state. Under the flsa non exempt employees must be paid the minimum wage or higher. However texas does not define the criteria for an employee to be deemed an outside salesman. The minimum wage applies to most employees in texas with limited exceptions including tipped employees some student workers and other exempt occupations.
Effective january 1 2020 the federal government is raising the minimum salary requirement for exempt positions from 455 to 684. The texas minimum wage was last changed in 2008 when it was raised 070 from 655 to 725. Overtime pay also called time and a half pay is one and a half times an employees normal hourly wage.
If you earn more then the texas minimum wage rate you are entitled to at. Tx labor code 62153 the standards set forth by the federal fair labor standards act regarding outside salesmen may provide reasonable guidance. The minimum salary for this exemption was 100000 annual salary.
It has increased to 107432 annual salary. Texas overtime minimum wage. Computer professionals section 213a17 also noted at the beginning of this list note.
That translates to thousands of extra payroll dollars 11908 annually for companies like retail dry cleaners restaurants cleaning companies and lots of other businesses with traditionally lower wages. This increase in the minimum salary for exemption has been in discussions since the obama administration proposed an increase to 47476 in 2016that was struck down by a court ruling and the. Therefore texas overtime minimum wage is 1088 per hour one and a half times the regular texas minimum wage of 725 per hour.
The rule increases the salary threshold for employees exempt under the executive administrative and professional exemptions the white collar exemptions from 455 per week or 23660 annually to 684 per week or 35568 annually. Although this appears in the minimum wage and overtime exemptions part of section 213 it is really only an overtime exemption to get the overtime exemption the employer must pay the employee at least 2763 per hour ie a minimum wage for. Salary is defined as agreed upon periodic compensation intended to cover a period of at least a week equivalent to at least 684 per week that is not subject to reduction on the basis of quantity or quality of work performed.
All three of the above exemptions require payment of a true salary. If you believe that you are improperly classified as exempt or not being paid in compliance with the flsa for any other reason contact gold star law for help. Texas law exempts outside salesmen from its minimum wage and overtime requirements.
The fair labor standards act flsa determines the minimum wage for employees in private and public sectors in both federal and state governments. Salary test for exempt employees. The minimum wage rate is the lowest hourly pay that can be awarded to workers also known as a pay floor.
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