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Brandon, Esq.
Brandon, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 1952
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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1. In The State of Texas, is it against the equal pay act or

This answer was rated:

1. In The State of Texas, is it against the equal pay act or any government law to pay law enforcement employees premium holiday pay and not civilian employees performing the same exact job? (Crime Scene Investigator)

2. Is it against any law to recieve over time pay after not working a 40 hour week? Civilians will not receive over time/time n a half pay till the forty hours are accumilated.

Summary: Sworn personal can miss the entire week but receive overtime compensation for anything over 8 hours while civilians would have to make up any difference/missed days before OT can administered?

Exceptions: -Detectives are sworn weapon carring
-They also have an influential police association

Thank you,

Raul

Employment-LawExpert :

Hello and thank you for your question today.

Employment-LawExpert :

Are you online with me?

Employment-LawExpert :

Welcome to the chat

Customer:

yes

Employment-LawExpert :

So there are two types of employees. Exempt, and non-exempt. In Texas, it is allowed to pay someone over a particular time if the employment contract sets that up.

Employment-LawExpert :

However, you cannot pay a person for hours they do not work if they are otherwise hourly employees

Employment-LawExpert :

So, my guess is that civilians are non-exempt, while the law enforcement employees are exempt. Is this correct?

Customer:

well i dont know. I am an employee of the City of San Antonio.

Employment-LawExpert :

Most hourly employees in the Texas are entitled to a special overtime pay rate for any hours worked over a total of 40 in a single work week (defined as any seven consecutive work days by the Fair Labor Standards Act). Thus, if you are hourly, then you do not have to get paid overtime until you hit the 40 hour mark

Customer:

I perform the exact same job as detectives that work in my unit

Employment-LawExpert :

I understand your concerns here. The question is whether or not they are part of a union, or if their actual employment contract is different than yours

Customer:

Ok..I understand so that is basicall the difference they are exempt and we are not?

Employment-LawExpert :

That is likely the situation yes. However, I cannot tell you definitively without actually seeing the employment contracts

Customer:

Well i know that there contract is different than out. There are other differences about pay but these are the ones that stand out. Its just fustrating that I can not take a day off without having to make up those 8 hours while they do not. Just seems unfair

Employment-LawExpert :

I do not disagree with you. Unfortunately, this is why it is so unfortunate that people are actively trying to get rid of their unions today as this is the kind of protection that they afford.

Employment-LawExpert :

Have I fully answered your question today?

Employment-LawExpert :

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.

Customer:

Yes. Thank you

Employment-LawExpert :

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.

Employment-LawExpert :

Have a wonderful rest of your day.

Customer:

Absolutely

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