Hello and thank you for entrusting me to assist you, I will do everything I can to answer your question.
Your employer's method of calculation is erroneous. The Fair Labor Standards Act
is extremely clear that employees must be paid overtime for all hours in excess of 40 per week.
The Department of Labor
specifically clarifies this point in Fact Sheet #23, in which it states: "Averaging of hours over two or more weeks is not permitted."
An employee in your circumstance would be wise to demand overtime for the entire 10 hours worked in excess of 40, and for all hours worked in excess of 40 in any other week, regardless of how those hours average out over a two week period.
If your employer refuses to pay, an individual in your circumstance can file a wage
claim with the Texas Workforce Commission here: http://www.twc.state.tx.us/ui/lablaw/how-submit-wage-claim-texas-payday-law.html
Employers are legally prohibited from retaliating against employees for making a claim for unpaid overtime.
Please do not hesitate
to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.
If you do not require any further assistance, I would be most grateful if you would remember to provide my service a positive rating
, as this is the only way I will receive credit for assisting you.
Finally, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.
Very best wishes to you.