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Employment Law/pto and overtime

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Question
I am a restaurant manager who is on salary pay.  I work 56 hours a week.  I live in Dallas Texas.  I was wondering if I should be getting PTO (paid time off). And I was also wondering if I should be getting paid overtime time?  Are there any laws regarding these issues? Thank you

Answer
From Workforce Texas on time off

http://www.twc.state.tx.us/news/efte/vacation_and_sick_leave.html

If you are an exempt salaried employee you are not eligible for overtime. If you are a non exempt employee you should be paid overtime even if you are on a salary paid basis.

There are rules for whether you are exempt or not.

http://www.flsa.com/coverage.html

If you are not being paid overtime and you think you should be paid overtime than you need to contact your nearest Workforce Texas office and talk to them about a possible misclassification in your employee status. If you are not being paid overtime you are being classified as exmept. This may not be correct and Workfoce Texas can take a look at your job duties and determine whether it is correct or not. If you are not truly exempt under the laws than your employer must pay you overtime.

Shirley

Employment Law

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Shirley McAllister, CPP, PHR

Expertise

I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).

Experience

30 years in Payroll and Human Resources

Organizations
SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

Education/Credentials
PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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