Monahans Overtime Lawyer

Protect Your Pay With A Dedicated Monahans Overtime Lawyer On Your Side


Bustos Law Firm, P.C. brings decades of focused wage and hour experience to workers in and around Monahans who are not being paid what they are legally owed. If you are missing overtime, seeing strange deductions, or being told you are “salaried” so overtime does not apply, our Monahans Overtime Lawyer can explain your rights and options clearly. Our firm concentrates on helping employees, not employers, in overtime disputes, unpaid wage cases, and misclassification problems. With 67 years of combined experience, Bustos Law Firm, P.C. uses practical strategies to help you recover the overtime pay you earned and to hold your employer accountable under Texas and federal law.

Think your paycheck is wrong or your overtime is missing?

Do not wait. Your rights are on the line. Call Bustos Law Firm, P.C. now for a free, confidential consultation at 806-515-4951.

Common Overtime Problems Workers Face In Monahans

Next Steps To Protect Your Overtime Rights In Monahans

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FAQs by Monahans clients for Texas Lawyers

  • I work in Monahans and my employer pays me a flat day rate. If I work more than 40 hours in a week, how should my overtime be calculated under Texas and federal law?

    Under federal law, which also applies in Texas, your employer must convert your day rate into an hourly rate and then pay time‑and‑a‑half for all hours over 40 in a workweek if you are not exempt. The law does not allow an employer to avoid overtime just by using a day‑rate system. For example, if you are paid $300 per day and work 5 days in a week for a total of 55 hours, the employer must first divide your total straight‑time pay for the week by the total hours worked to find your regular rate. If you earned $1,500 for 55 hours, your regular rate is $1,500 ÷ 55, which is about $27.27 per hour. Your overtime rate is then one‑and‑a‑half times that amount, or about $40.91 per overtime hour. You should receive that overtime rate for each hour above 40. Many oilfield and service workers in and around Monahans are paid day rates or job rates, and employers often get the overtime calculation wrong. If you suspect your overtime is not being figured correctly, you can contact Bustos Law Firm, P.C. at Phone: 806-515-4951 for a free review of your pay records.

  • My employer in Texas says my “bonus” in Monahans does not count toward overtime. Do bonuses ever have to be included when figuring overtime pay?

    Federal overtime law usually requires employers to include nondiscretionary bonuses when calculating the regular rate of pay. A nondiscretionary bonus is one you are promised or can expect if you meet certain conditions, such as production bonuses, safety bonuses, or attendance bonuses. Those amounts must be spread over the workweeks in which they were earned and added to your other pay to figure your true regular rate. That higher regular rate then increases your overtime rate. Discretionary bonuses, such as a surprise holiday bonus that is not promised in advance, normally do not have to be included. Many workers in Monahans get regular safety or performance bonuses on top of hourly or salary pay, and employers sometimes ignore those bonuses when figuring overtime. That can lead to substantial underpayment. If your overtime rate never changes even when you receive bonuses, it is worth having an overtime lawyer look at your paystubs. Bustos Law Firm, P.C. can explain how your specific bonus should affect your overtime during a free consultation at 806-515-4951.

  • I work in West Texas, sometimes in Monahans and sometimes at other sites, and my employer pays me a salary plus a per‑diem. Does the per‑diem affect my right to overtime?

    Per‑diem pay is often described as a reimbursement for travel, meals, or lodging. True reimbursements that reasonably match your expenses usually do not count as wages and do not affect overtime. However, if the per‑diem is really just extra pay for working, or if it is unreasonably high and not tied to actual expenses, federal law may treat part or all of it as wages. When that happens, the per‑diem must be included in your regular rate of pay, which can raise your overtime rate. Being paid a salary also does not automatically remove your right to overtime. To be exempt, you must meet both a salary threshold and specific job‑duties tests under federal law. Many field workers in and around Monahans are misclassified and paid a salary plus per‑diem without proper overtime. An experienced overtime lawyer can review your job duties, salary, and per‑diem structure to see whether your employer is calculating overtime correctly. You can call Bustos Law Firm, P.C. at 806-515-4951 for a free, confidential evaluation.

  • My boss in Texas tells us not to record more than 40 hours, even though we actually work longer days in Monahans. If we are told to keep our time under 40, can we still claim unpaid overtime?

    Yes. An employer cannot avoid paying overtime by ordering you to record fewer hours than you actually work. Under federal law, which applies in Texas, the key question is whether the employer knew or should have known you were working extra hours. If supervisors in Monahans see you working before your shift, after your shift, or during unpaid breaks, or if your workload makes it obvious that you must work more than 40 hours, the company usually has a duty to pay for that time. It is unlawful for an employer to pressure workers to underreport hours, to change timesheets to remove hours, or to punish workers for honestly recording the time they work. If you are in this situation, keep copies or photos of your schedules, text messages, and any timesheets you can access. Those records can be critical. Bustos Law Firm, P.C. regularly reviews these kinds of cases and can help you understand your options. Call 806-515-4951 for a free consultation.

  • I am paid on a salary in Texas and work in and around Monahans. My employer says I am a “manager” so they do not have to pay overtime, but I mostly do regular labor. Is that legal?

     Simply calling you a “manager” or paying you a salary does not automatically make you exempt from overtime. Under federal law, to qualify for the executive exemption, an employer must show that you are paid at least the required weekly salary amount and that your primary duty is genuine management. That usually means you regularly supervise at least two full‑time employees, have real input into hiring and firing, and spend most of your time on supervisory tasks rather than manual labor. If your main work in Monahans is running equipment, performing field work, or doing the same tasks as non‑supervisors, and you only have minor supervisory duties, you may still be entitled to overtime even if you are on a salary. Misclassification is common in oilfield and industrial jobs where “lead” workers are treated as managers on paper. An overtime lawyer can compare your actual duties to the legal tests and calculate what you may be owed. Bustos Law Firm, P.C. offers free reviews of misclassification issues at 806-515-4951.

  • I work in Monahans and my employer automatically deducts 30 minutes every day for a meal break, even when I work straight through. Is that allowed under Texas overtime and wage laws?

    Automatic meal‑break deductions are common, but they must match reality. Federal law requires employers to pay you for all hours you are “suffered or permitted” to work. If your employer deducts 30 minutes but you are still working during that time, still required to stay on duty, or regularly interrupted, the deduction can be unlawful. Over a week, these unpaid minutes can push your recorded time below 40 hours, which reduces or wipes out overtime you should have received. There is no Texas law that requires employers to give meal or rest breaks, but if they do provide breaks and you work during them, the time is usually compensable. Workers in Monahans and across West Texas often experience automatic deductions in medical, retail, and oilfield support jobs. If you regularly work through lunch or are told to “eat while you work,” you may have claims for unpaid straight‑time and overtime. Bustos Law Firm, P.C. can review your schedules and paystubs at no cost. Call 806-515-4951 to discuss your situation.

  • I left a job in Texas where I worked a lot of overtime in Monahans, and I think I was underpaid. Can I still pursue unpaid overtime after I quit, and what deadlines apply?

    Yes. You can pursue unpaid overtime even after you leave the job. Under the federal Fair Labor Standards Act, which covers Texas, you generally have up to two years to file a lawsuit for unpaid overtime. If the violation was “willful,” meaning the employer knew or showed reckless disregard for the law, the period can extend to three years. The clock usually starts from the date the unpaid overtime should have been paid, not from the date you first noticed the problem. Waiting too long can reduce or eliminate your claim, so it is important to act promptly. If you win, you may be entitled to your unpaid overtime, an equal amount in “liquidated damages” as a penalty, and attorney’s fees. Workers who spent years in demanding schedules in places like Monahans, working long weeks on salary, day rate, or with changed timesheets, are often surprised at how much they may be owed once the law is correctly applied. Bustos Law Firm, P.C. can review how far back your claims may reach and help you understand your options. To schedule a free consultation, call 806-515-4951.