Question about overtime pay in the state of texas?

Question

A former employer has a class action lawsuit filed against him for non-payment of overtime. Two employees were fired as soon as he found out they filed the lawsuit. Now the employer is saying he doesn't have to pay overtime to any employee that drove a Crane truck. He said there is a law that says if you drive this truck 1 day then that exempts him from paying OT for a period of 4 months and this is for every day you drive it. Can anyone give me more information about this. If someone can really help me I would be glad to email you more information. One person that worked there also filed with the labor board....The labor board found him guilty and he paid all current employees OT. Keep in mind these people drove this truck also. His attorney says he can pay overtime to who he wants and just because he paid them their back overtime doesn't mean he has to pay everyone.

JC · Accepted Answer

You would have to file your own complaint with the state labor board in order for your employer to pay you what is owed to you, if anything. 
Dont trust anything the employer is telling you. Contact the labor board and go from there.

? · Answer

On the surface, it sounds a little shady.  How can an employer pay certain individuals overtime when their all in the same category?  What Texas labor law can allow this? Are there any discriminating factors involved?..Race, Sex, National Origin, etc?...maybe I'm missing something...I would look up this particular law...

? · Answer

No, no longer criminal, except you're salaried exempt and don't fall under the extra time provisions of federal regulation. it is not important how long the pay era is, OT must be paid on hours over 40 in a workweek.

David S · Answer

I can find nothing that supports the employer's claim. Frankly, I think he's mistaken or blowing smoke.
http://www.employmentlawadvisors.com/laws/flsaweb/flsalaws.html

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Question about overtime pay in the state of texas?

4 Answers