Texas Attorney General Opinion: H-382 Page: 4 of 12
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The Honorable Robert S. Calvert
The Honorable James E. Peavy page 4 (H-382)
The Comptroller's second and fourth questions are:
2. If a state employee, who performs work of such a
nature as to be covered by the provisions of the Act'
works in excess of 40 hours in one work week,
is the employee entitled to overtime pay at the rate
provided for in the Act?
4. If a State employee who peforms work of such
a nature as to be covered by the provisions of the
FLSA works 50 hours in the first work week of the
month and his employer lays him off for 15 hours
during subsequent work weeks of the same pay period
so that the employee is only paid his regular monthly
salary (1/12 of his annual classified salary), has that
employee received overtime pay as required by the
Act or compensatory time as authorized by State Law?
As provided in the Appropriations Act: state employees who are
covered by the Act and work more than forty hours in a seven day work
week accrue overtime, and may be given overtime pay at the rate of
one and one half times their regular pay rate, or, in the alternative, may
be given compensatory time off at one and one half times the amount of
overtime worked, if given during the same pay period (i. e., calendar
month) in which the overtime was accrued.
We believe this procedure outlined in the Appropriation Act is
consistent with the requirements of federal law. Opinion Letter No. 913,
issued December 27, 1968, by the Administrator of the Wage and Hour
Division of the U.S. Department of Labor states:
An employer may not credit an employee with compensa-
tory time (even at a time and one half rate) for overtime
earned which is to be taken at some mutually agreed upon
later date subsequent to the end of the pay period in which
the overtime was earned, rather than pay cash for thep. 1797
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Texas. Attorney-General's Office. Texas Attorney General Opinion: H-382, text, August 26, 1974; (https://texashistory.unt.edu/ark:/67531/metapth270907/m1/4/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.