Overtime Pay

[Farall]

I was employed for an Oilfield tool distribution company in Texas for the past two years. I was "inside sales" for 11 months and "Texas Manager" for the remaining 12 months. I never oversaw anymore than one employee besides myself at any time. For approx. 18 months of my total employment I was required to be on call 24/7. I needed to be able to respond to customer calls immediately and be to the office within 30-45 minutes in most cases to satisfy customer needs. I also worked after hours many days to receive in shipments or service tools for customers.

My employer has never asked or required me to keep any records of my time worked. I responded to calls on an average of 2-4 times per week(sometimes 2 - 4 times per night) and had 30 minutes of travel time between the home and office during each call. I was on salary and have never been paid any overtime, or compensated for time worked after hours. Would I have a case  against the company for not compensating any overtime, without us ever being required or asked to keep track of our working hours? There is at least one other employee that can contest to the time spent and traveling on call on my behalf and several sales order within database that list the items were picked up after hours, but no specific time keeping.

[Stroud]

As you stated you were a salaried employee, which means you met the definitions under the FLSA as an exempt employee, the employer is not required to keep time records of your work schedule and your status does not qualify for overtime pay. If the employer did pay you overtime, your exemption status would be challenged and the definition of your status would change to non-exempt.

Shannon M. Reising, MSP, PHR