A Texas bank holding company is accused of withholding overtime pay by an employee who was with the business for nearly 15 years.
The suit was filed in the Sherman Division of the Eastern District Court of Texas. The former employee is not only seeking back pay but attorney fees, court costs and interest on the unpaid overtime as well, according to legal journal The Southeast Texas Record.
The employee described her work duties as working on small-business loans, performing debt collection and general processes relating to loan documents. While the U.S. Department of Labor makes exceptions to overtime requirements for administrative, executive and professional employees, the duties of the employee filing the suit do not automatically pass the test given to see if an exemption is acceptable.
Exempt professional workers need to demonstrate marked knowledge in a specific field and have acquired that knowledge through intellectual instruction.
A solid time and attendance software system can help employers maintain exact records of hours worked by and payments made to employees, including overtime. The keeping of such records, besides being a good business practice, can greatly help businesses when faced with litigation over wages and hours worked.
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