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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18791
Experience:  Employment/Labor Law Litigation
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I work for a church as an admin assistant. I have documented

Customer Question

I work for a church as an admin assistant. I have documented in detail working a lot of hours that were never paid for by the church in march and April and have proof that both of the people who are my supervisors (the pastor and staff parish committee head) have seen these hours multiple times as well as it being a discussion in meetings I have called with both of them. I gave my 2 week notice 2 weeks ago on Thursday, but agreed to sit down with them today to train them on how to do my job. Do they have to pay me for the hours that I can prove I worked and was not paid? Since all of these hours were not regular office hours, do they have to pay me overtime?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Texas
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: The previous secretary filed a complaint against them with the texas workforce commission
Submitted: 2 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 2 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

The only way that you would not be entitled to additional pay for additional work is you were correctly classified as a salaried exempt employee. You would have to have been paid the current salaried exempt payment of at least $23,660 annually. You would have to not have deductions made from your pay for days that you worked less than your full shift. Finally, your job duties themselves would have to meet the administrative exemption test.

You haven't mentioned your pay scale or touched on the deduction from pay issue. If you were treated as hourly when you missed time, then legally you aren't a salaried exempt employee. If you didn't meet that salary threshold, you aren't salaried exempt.

The more difficult issue is the job duties test. I do not believe it applies in your situation, but you can read about it here.

I believe that you would not have been able to act with sufficient autonomy or authority to meet the standard and that, because of that, you are entitled to additional pay and even overtime for hours you worked over 40 in a week. If the employer won't provide that, then you can file a wage claim with the Texas Workforce Commission.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 2 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.