Demand For Payment Form in Texas Construction Contract Cases– Fort Worth, Texas Construction Attorneys

Private Form #5 – DEMAND FOR PAYMENT
[Date]
(1) Certified Mail
____________________ Return Receipt Requested
Dear Sir:
We have furnished (2) to (3) , (4) on the construction in progress on your property at
(5) . We have not been paid the amounts due us for the month of (6) in the amount of $ (7) .
Demand is hereby made for the payment of our claim from funds withheld by you as owner.
Should you have any question concerning our claim or this notice, please advise us. We will appreciate being
advised if there is a dispute as to our claim from the contractor.
Sincerely,
(8)
(9)
cc: (10)
(11)
* * * * *
(1) Letter addressed to the owner of the property being improved sent by Certified Mail
(2) Indicate generally what has been furnished.
(3) Name of the person to whom you furnished goods or labor.
(4) Indicate status of the person to whom you furnish, such as “contractor or “subcontractor”
(5) The address of the job, street, number and city.
(6) Indicate the month during which work was done for which payment has not been received.
(7) The amount due.
(8) Your company.
(9) Person signing letter and capacity.
(10) Send copy to general contractor.
(11) Send copy to your customer, if other than the general contractor.

Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.

Martindale AVtexas[2]

City of Euless, Texas History and Past–Texas Civil Litigation Attorneys

History – City of Euless

Euless – It’s History, It’s Past


Elisha Adam and Julia Trigg Euless

In March 1879, Elisha Adam and Judy Trigg Euless purchased a tract of land south of Bear Creek and built a new home and a cotton gin in the area of present day Main Street and Euless Junior High School. In April 1879, Euless petitioned the Tarrant County Commissioners Court to create a road from Bedford, about three miles west of his land, to the Dallas County line at Bear Creek. He requested that the road pass by the “Grange Hall,” which was now on his property. The court ordered the road established and appointed a jury, including Euless, to lay it out. The Grange Hall on the Euless property served as the location for a community school, probably sponsored by the local grange. The Grange Hall was torn down in the early 1900’s after much use. After his settlement there, the community thrived and local farmers decided to honor the popular young man whose arrival and whose gin seemed to coincide with the end of the hard times. They named their community for him.


Photograph Date: 1893 circa / In 1893 Adam Euless was elected sheriff of Tarrant County. In this picture, on the steps of the new courthouse, Sheriff Euless is second from right in the middle row. His son is first from right in the middle row.

Adam Euless continued farming until he was again lured into politics. In 1892 he defeated three contenders in a landslide election for county sheriff, and was re-elected in 1894. Euless moved to Fort Worth when he was elected and was the first sheriff to occupy an office in the newly constructed county courthouse. After two terms, health problems persuaded Euless to retire from law enforcement and politics. Shortly afterward in 1911 a stroke claimed his life, and he was buried in Fort Worth’s Oakwood Cemetery.

Windmill
Windmill at Heritage Park.

Euless has since grown from a population of 25 in 1915 to a population of over 54,000 in 2008. As Euless continues to grow, City officials strive to preserve its historical significance by restoring the Fuller House (first brick house in Euless) as the City’s Museum, restoring the Himes Log House (Log cabin dating from the 1850’s) and the McCormick Barn (made from lumber from Camp Bowie after WWI).

All three buildings were faithfully restored and are now located at beautiful Heritage Park.

Free tours of Heritage Park are on the second Saturday of every month from 1 – 5 p.m. Special tours for groups can be arranged on a different day depending on staff availability. Heritage Park is located at 203 Cullum Drive, Euless, 76040. For more information on the City Museum and tours, please call 817-685-1649.

Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.

Martindale AVtexas[2]

Inspection Checklist for Texas Residential Construction Contracts Between Owner and Contractor– Fort Worth, Texas Construction Lawyers

INSPECTION CHECK LIST

 

Date________________________

 

Between the Owner:      Owner’s Name

Address

Phone Number

 

And the Contractor:       Contractor’s Name

License Number

Address

Phone Number

 

For the Project:             Project Name

Address

 

INSTRUCTIONS: Inspect the project and carefully check whether all items meet the project specifications. Initial in the space marked “Satisfactory” if the item meets with your approval. If an item is not satisfactory, describe the problem in the “Description” field. Add additional information where necessary. Modify the list to fit your finish schedule. After work on the noted items has been completed, you will need to make a second inspection and initial in the last box for final approval.

 

 

Item Satisfactory Description Approval
Foyer
Floors
Ceilings
Walls
Light Fixtures
Windows
Doors
Trim Mouldings
Dining Room
Floors
Ceilings
Walls
Light Fixtures
Windows
Doors
Trim Mouldings

 

Initialed by: Buyer ___ Contractor ___

Inspection Check List

Project Name

 

Item Satisfactory Description Approval
Living Room
Floors
Ceilings
Walls
Woodwork
Light Fixtures
Windows
Doors
Trim Mouldings
Fireplace
Kitchen
Floors
Ceilings
Walls
Light Fixtures
Windows
Doors
Trim Mouldings
Cabinets
Countertop
Sink
Oven and Range
Hood and exhaust fan
Microwave
Dishwasher
Disposal
Breakfast Room
Floors
Ceilings
Walls
Light Fixtures
Windows
Doors
Trim Mouldings

 

Initialed by: Buyer___  Contractor ___

Inspection Check List

Project Name

 

Item Satisfactory Description Approval
 
Family Room
Floors      
Ceilings      
Walls      
Light Fixtures      
Windows      
Doors      
Trim Mouldings      
Woodwork      
     
     
     
     
Powder Room
Floors      
Ceilings      
Walls      
Light Fixtures      
Windows      
Doors      
Trim Mouldings      
Vanity      
Toilet      
Towel Bar      
Paper Holder      
     
     
     
Utility Room
Floors      
Ceilings      
Walls      
Light Fixtures      
Windows      
Doors      
Trim Mouldings      
Cabinets      
Hot Water Heater      
Furnace/Heat Pump      
Washer Hookup      
Dryer Hookup      
     
     
     
     

 

Initialed by: Buyer____ Contractor ___

Inspection Check List

Project Name

 

Item Satisfactory Description Approval
 
Master Bedroom
Floors      
Ceilings      
Walls      
Light Fixtures      
Windows      
Doors      
Trim Mouldings      
     
     
     
Master Bath
Floors      
Ceilings      
Walls      
Light Fixtures      
Windows      
Doors      
Trim Mouldings      
Vanity      
Toilet      
Tub      
Shower      
Shower Door      
Towel Bar      
Paper Holder      
     
     
     
Bedroom Two
Floors      
Ceilings      
Walls      
Light Fixtures      
Windows      
Doors      
Trim Mouldings      
     
     
     
Bedroom Three
Floors      
Ceilings      
Walls      
Light Fixtures      

 

Initialed by: Buyer___  Contractor ___

Inspection Check List

Project Name

 

Windows      
Doors      
Trim Mouldings      
     
     
     
Bedroom Four
Floors      
Ceilings      
Walls      
Light Fixtures      
Windows      
Doors      
Trim Mouldings      
     
     
     
Bedroom Five
Floors      
Ceilings      
Walls      
Light Fixtures      
Windows      
Doors      
Trim Mouldings      
     
     
     
Bath Two
Floors      
Ceilings      
Walls      
Light Fixtures      
Windows      
Doors      
Trim Mouldings      
Vanity      
Toilet      
Tub      
Shower      
Shower Door      
Towel Bar      
Paper Holder      
     
     
     
     

 

Initialed by: Buyer____ Contractor ___

Inspection Check List

Project Name

 

Bath Three
Floors      
Ceilings      
Walls      
Light Fixtures      
Windows      
Doors      
Trim Mouldings      
Vanity      
Tub      
Shower      
Shower Door      
Towel Bar      
Paper Holder      
     
     
     
Bath Four
Floors      
Ceilings      
Walls      
Light Fixtures      
Windows      
Doors      
Trim Mouldings      
Vanity      
Tub      
Shower      
Shower Door      
Towel Bar      
Paper Holder      
     
     
     
Hallway
Floors      
Ceilings      
Walls      
Light Fixtures      
Windows      
Doors      
Trim Mouldings      
     
     
     
     
     

 

Initialed by: Buyer___  Contractor ___

Inspection Check List

Project Name

 

Study/Library
Floors
Ceilings
Walls
Light Fixtures
Windows
Doors
Trim Mouldings
Additional Room
Floors
Ceilings
Walls
Light Fixtures
Windows
Doors
Trim Mouldings
Garage
Floors
Ceilings
Walls
Light Fixtures
Windows
Doors
Trim Mouldings
Garage Door/s
Garage Door Opener
Storage Area
Exterior
Paint
Exterior Veneer
Chimney
Roof
Doors
Walkways
Driveway
Light Fixtures
Outlets
Vents, dryer, fans, etc.

 

Initialed by: Buyer___  Contractor ___

Inspection Check List

Project Name

 

Miscellaneous

 

FIRST INSPECTION

Having inspected the project listed herein, except for those specific items listed above, the Buyer accepts the project as is, in satisfactory condition and understands the buyer will not have a claim against the contractor for any overlooked items not listed above that could have been seen in the buyer’s inspection. The Buyer has discussed the specific items with the contractor and understands that the contractor makes no other guarantees or warranties other than those that are stated in the contract documents.

 

 

_________________________________________ _________________________________

Contractors Signature                                                                Date

 

_________________________________________ _________________________________

Owner’s Signature                                                                      Date

 

SECOND INSPECTION

Having re-inspected the project listed herein, the Buyer has initialed all items from the initial inspection that needed to be completed. By signing below, the Buyer agrees that the project is in satisfactory condition, and understands the coverage and duration of all Limited Warranties have been limited to one year from the date of occupancy or final payment, whichever comes first.

 

 

_________________________________________ _________________________________

Contractor’s Signature                                                              Date

 

_________________________________________ _________________________________

Owner’s Signature                                                                      Date

 

 

Initialed by: Buyer___  Contractor ___

Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.

Martindale AVtexas[2]

Notice to Owner and Contractor in Texas Construction Contracts– Fort Worth, Texas Construction Law Attorneys

Private Form #4 – NOTICE TO OWNER AND ORIGINAL CONTRACTOR
[Date]
(1) CERTIFIED MAIL:
____________________ RETURN RECEIPT REQUESTED
____________________
Dear Sir:
We have furnished (2) to (3) . (4) on the construction in progress on your property at (5)
We have not been paid the amounts due us for the month of (6) in the amount of $ (7) as shown by the attached
statement which is made a part hereof. Under the mechanic’s lien laws of Texas, a subcontractor or supplier of goods
or labor is required to notify the owner of all claims which are not paid. Failure to give this notice may cause us to lose
our rights under the mechanic’s lien laws if the sums are not finally paid.
The law requires that we advise you that if our bill is not paid, you may be personally liable and your property
subjected to a lien unless you withhold payments to the contractor for the payment of our statement or unless the bill is
otherwise paid or settled.
Demand is hereby made for the payment of our claim from funds withheld by you as owner unless the contractor
disputes this claim as required By law.
Should you have any question concerning our claim, please advise us. We will appreciate being advised if there
is a dispute as to our claim from the contractor.
Sincerely,
(9)
(10)
cc: (11) Certified Mail Return Receipt Requested
(12) Certified Mail Return Receipt Requested
* * * * *
(1) Letter addressed to the owner of the property being improved and original contractor.
(2) Indicate generally what has been furnished.
(3) Name of the person to whom you furnished goods or labor.
(4) Indicate status of person to whom you furnish, such as “contractor” or “subcontractor.”
(5) Address of the job–street number, and city.
(6) Indicate the month or months during which work was done for which payment has not been received.
(7) The amount due.
(8) If you have already filed a lien affidavit or are doing so simultaneously insert: “We have elected to file an
affidavit claiming a lien on your property and enclose a copy of the affidavit as filed.”
(9) Your company.
(10) Person signing letter and capacity.
(11) The general contractor, if not your customer.
(12) Your customer.

 

Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.

Martindale AVtexas[2]

Employment Contract For Truck Driver in Texas–Simple Form–Fort Worth, Texas Trucking Company Defense Attorneys

EMPLOYMENT CONTRACT FOR TRUCK DRIVER

 

CONTRACT OF EMPLOYMENT

Employer Employer Adderss
Employee Employee Adderss
Commencement Place of Work

Job Title: Truck Driver
Duties And Responsibilities [are to]:

  • Responsible for the coordination of internal material tool deliveries
  • Coordinate warehouse, supply-house jobsite deliveries
  • Perform inventory documents for Purchasing
  • Maintain all tools equipment
  • Coordinate new tool purchases with Purchasing
  • Organize inventory requirements as directed by purchasing
Termination of employment Wage Hours of Work
Meal Intervals Sunday work Public Holidays
Annual Leave Sick leave Maternity leave
Family responsibility leave Deductions from remuneration Accommodation leave
Special Details
Employer Signature Employee Signature Signature Date

 

Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.

Martindale AVtexas[2]

Preliminary Notice to Original Contractor in Texas Construction Contracts– Fort Worth, Texas Construction Attorneys

Private Form #3 – PRELIMINARY NOTICE TO ORIGINAL CONTRACTOR
[Date]
(1) Certified Mail
____________________ Return Receipt Requested
____________________
Re: Job: (2)
Owner: (3)
Location: (4)
Dear Sir:
We have furnished (5) on the above job to your subcontractor, (6) . Our books show an
unpaid balance due us on this job of $ (7) through the end of (8) .
We are giving you this notice in order to protect our rights under the mechanic’s lien laws of Texas.
We wish to cooperate with both you and our customer in any way that would be helpful. Should you desire any
additional information, please advise us.
Sincerely,
(9)
(10)
cc: (11)
* * * * *
(1) Letter addressed to the original contractor under whom you are working sent certified mail.
(2) Name of project.
(3) Owner’s name.
(4) Address of job–street, city and state.
(5) Indicate generally what has been furnished.
(6) Your customer.
(7) Amount due.
(8) Date of last billing.
(9) Your firm name.
(10) Name and capacity of person signing letter.
(11) Your customer.

 

Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.

Martindale AVtexas[2]

Notice of Specially Fabricated Item in Texas Construction Contracts– Texas Construction Attorneys

Private Form #2 – NOTICE OF SPECIALLY FABRICATED ITEM
[Date]
(1) CERTIFIED MAIL:
____________________ RETURN RECEIPT REQUESTED
____________________
Dear Sir:
Our firm is pleased to be involved in the construction of your (2) at (3) under an agreement with
(4) your (5) . Our part of this project will be to fabricate and furnish (6) for use as a component part
of the construction as called for in the plans. This component will be reasonably unsuitable for use elsewhere. The
order for this item has been received and accepted and the price to be billed to our customer is $ (7) .
We are advising you of the foregoing so that you will have the information and notice specified by law.
If you have any questions, please call us.
Yours very truly,
(8)
(9)
cc: (10)
* * * * *
(1) Letter addressed to the owner of the property being improved.
(2) Indicate type of improvement.
(3) The address of the job, with street and city.
(4) Name of company for whom you work.
(5) Status of the person under whom you are working, such as “general contractor” or “roofing subcontractor”,
etc.
(6) General description of the item being fabricated.
(7) Contract price for the item being fabricated.
(8) Name of your company.
(9) Person signing letter and capacity.
(10) Copy to original contractor by certified mail unless the order was direct from the original contractor.

 

Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.

Martindale AVtexas[2]

Notice of Retainage Agreement for Texas Construction Contracts– Fort Worth, Texas Construction Attorneys

Private Form #l – NOTICE OF RETAINAGE AGREEMENT
[Date]
(1) CERTIFIED MAIL:
____________ RETURN RECEIPT REQUESTED
Dear Sir:
Our company is pleased to be involved in the construction of your (2) at (3) under an agreement with
(4) your (5) . Our part of this project will be to furnish the (6) called for by the plans.
Our agreement provides that a portion of the contract price is to be retained until (7) .
The amount to be retained is (8) .
We are advising you that we have commenced supplying labor or material to your project and of the above
terms of our agreement so that you will have the information and notice required by law. If you have any questions,
do not hesitate to call us.
Sincerely,
(9)
(10)
cc: (11)
* * * * *
(1) Letter addressed to the owner of the property being improved.
(2) Indicate type of improvement.
(3) Address of job.
(4) Name of firm under whom you are working.
(5) Status of that firm, such as “general contractor,” “roofing subcontractor”, etc.
(6) Describe the labor and/or material that you will perform.
(7) Insert time for paying retainage.
(8) Amount or percentage of retainage.
(9) Your firm name.
(10) Name and capacity of person signing letter.
(11) Copy the original contractor by certified mail unless you have a contract directly with the original
contractor.

 

Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.

Martindale AVtexas[2]

Resources for Research and Information on Employment Discrimination Claims–Fort Worth, Texas Employment Law Defense Attorneys

Resources
Disability and Business Technical Assistance Center 800.949.4232 V/TTY
www.adata.org
ADA Information Line 800.514.0301 V

U.S. Department of Justice 800.514.0383 TTY
Civil Rights Division
950 Pennsylvania Avenue NW
Disability Rights Section – NYAV
Washington DC 20530
www.ada.gov

Abledata 800.227.0216 V
8630 Fenton Street, suite 930 301.608.8912 TTY
Silver Spring MD 20910
www.abledata.com

Access Board 800.872.2253 V
United States Access Board 800.993.2822 TTY
1331 F. Street NW – suite 1000
Washington DC 20004-1111
www.access-board.gov

Accessible Web Design – Bobby 450.534.4253
127 Bridge St.
Plattsburgh NY 12901
www.accessible.org

Adaptive Environments Institute for Human Centered Design 617.695.1225 V/TTY
180-200 Portland Street, suite 1
Boston MA 02114
www.humancentereddesign.org

Alliance for Technology Access 707.778.3011 V
1304 Southpoint Blvd., suite 240 707.778.3015 TTY
Petaluma CA 94954
www.ATAccess.org

American Association of People with Disabilities 800.840.8844 V/TTY
1629 K Street NW, suite 503
Washington DC 20006
www.aapd-dc.org

American Indian Disability Technical Assistance Center
The University of Montana Rural Institute
Center for Excellence in Disability Education, Research and Services
32 Corbin Hall, the University of Montana
Missoula MT 59812-7056
www.aidtac.ruralinstitute.umt.edu
Assistive Tech 404.894.4960 V/TTY

Center for Assistive Technology and
Environmental Access
Georgia Institute of Technology
www.assistivetech.net
Center for Applied Special Technology (CAST) 781.245.2212
40 Harvard Mills Square – suite 3
Wakefield MA 01880-3233
www.cast.org

Center for the Study and Advancement of Disability Policy 202.466.6550
1875 Eye Street NW, 12th floor
Washington DC 20006
www.disabilitypolicycenter.org

Disability Access Symbols – Graphic Artists Guild 212.791.3400
32 Broadway, suite 1114
New York NY 10004
www.gag.org/resources/das.php
Disability Info
www.disabilityinfo.gov

Disability Rights Education and Defense Fund (DREDF) 510.644.2555 V/TTY
2212 Sixth Street
Berkeley CA 94710
www.dredf.org

Disability Statistics 607.255.7727 V
Cornell University 607.255.2891 TTY
School of Industrial and Labor Relations
201 Dolgen Hall
Ithaca NY 14853-3901
www.disabilitystatistics.org

Equal Employment Opportunity Commission 800.669.4000 V
www.eeoc.gov 800.669.6820 TTY

Fair Housing Accessibility First 888.341.7781 V/TTY
www.fairhousingfirst.org

Federal Communication Commission 888.225.5322 V
Disability Rights Office 888.835.5322 TTY
445 12th Street SW
Washington DC 20554
www.fcc.gov/cgb/dro/

Federal Transit Administration 888.446.4511 V/Rel
Office of Civil Rights
U.S. Department of Transportation
400 Seventh St. SW, room 9102
Washington DC 20590
www.fta.dot.gov/ada

Housing and Urban Development (HUD) 202.708.1112 V
451 7th Street SW 202.708.1455 TTY
Washington DC 20410
www.hud.gov/offices/fheo/disabilities/index.cfm

Job Accommodation Network 800.526.7234 V/TTY
www.jan.wvu.edu

National Center on Accessibility 812.856.4422 V
IU Research Park 812.856.4421 TTY
501 North Morton Street, suite 109
Bloomington IL 47404-3732
www.ncaonline.org

National Center on Workforce & Disability (NCWD)
Institute for Community Inclusion
UMass Boston
100 Morrissey Blvd
Boston MA 02125
www.onestops.info

National Center for Accessible Media 617.300.3400 V
Carl and Ruth Shapiro Family 617.400.2489 TTY

National Center for Accessible Media
One Guest Street
Boston MA 02135
www.ncam.wgbh.org

Protection & Advocacy Agencies 202.408.9514 V
National Disability Rights Network 202.408/9521 TTY
900 Second Street NE – suite 211
Washington DC 20002
www.napas.org

RESNA 703.524.6686 V
Rehabilitation Engineering & Assistive Technology 703.524.6639 TTY
Society of North America
1700 N. Moore St. Suite 1540
Arlington VA 22209-1903
Section 508 Information
www.section508.gov

Small Business Administration 800.827.5722 V
409 Third Street SW 704.344.6640 TTY
Washington DC 20416
www.sba.gov
Social Security – Benefits for People with Disabilities 800.772.1213

Social Security Administration 800.325.0778
Office of Public Inquiries
Windsor Park Building
6401 Security Blvd.
Baltimore MD 21235

Technology Integration in Education
Linda J. Burkhart
6201 Candle Ct.
Eldersburg MD 21784
www.lburkhart.com

The ARC 800.433.5255
1010 Wayne Avenue, suite 650
Silver Spring MD 20910
www.thearc.org

US Department of Education- Office for Civil Rights 800.872.5327 V
400 Maryland Ave SW 800.437.0833 TTY
Washington DC 20202
www.ed.gov

U.S. Department of Transportation 202.366.4000
1200 New Jersey Ave SE
Washington DC 20590
www.dot.gov

 

Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.

Martindale AVtexas[2]

Overtime Pay Requirements of the FLSA–Fort Worth, Texas Employment Attorneys

U.S. Department of Labor
Wage and Hour Division
(Revised July 2008)
Fact Sheet #23: Overtime Pay Requirements of the FLSA
This fact sheet provides general information concerning the application of the overtime pay provisions of the FLSA.
Characteristics
An employer who requires or permits an employee to work overtime is generally required to pay the employee premium pay for such overtime work.
Requirements
Unless specifically exempted, employees covered by the Act must receive overtime pay for hours worked in excess of 40 in a workweek at a rate not less than time and one-half their regular rates of pay. There is no limit in the Act on the number of hours employees aged 16 and older may work in any workweek. The Act does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, as such.
The Act applies on a workweek basis. An employee’s workweek is a fixed and regularly recurring period of 168 hours — seven consecutive 24-hour periods. It need not coincide with the calendar week, but may begin on any day and at any hour of the day. Different workweeks may be established for different employees or groups of employees. Averaging of hours over two or more weeks is not permitted. Normally, overtime pay earned in a particular workweek must be paid on the regular pay day for the pay period in which the wages were earned.
The regular rate of pay cannot be less than the minimum wage. The regular rate includes all remuneration for employment except certain payments excluded by the Act itself. Payments which are not part of the regular rate include pay for expenses incurred on the employer’s behalf, premium payments for overtime work or the true premiums paid for work on Saturdays, Sundays, and holidays, discretionary bonuses, gifts and payments in the nature of gifts on special occasions, and payments for occasional periods when no work is performed due to vacation, holidays, or illness.
Earnings may be determined on a piece-rate, salary, commission, or some other basis, but in all such cases the overtime pay due must be computed on the basis of the average hourly rate derived from such earnings. This is calculated by dividing the total pay for employment (except for the statutory exclusions noted above) in any workweek by the total number of hours actually worked.
Where an employee in a single workweek works at two or more different types of work for which different straight-time rates have been established, the regular rate for that week is the weighted average of such rates. That is, the earnings from all such rates are added together and this total is then divided by the total number of hours worked at all jobs. In addition, section 7(g)(2) of the FLSA allows, under specified conditions, the computation of overtime pay based on one and one-half times the hourly rate in effect when the overtime work is performed. The requirements for computing overtime pay pursuant to section 7(g)(2) are prescribed in 29 CFR 778.415 through 778.421.
Where non-cash payments are made to employees in the form of goods or facilities, the reasonable cost to the
employer or fair value of such goods or facilities must be included in the regular rate.
Typical Problems
Fixed Sum for Varying Amounts of Overtime: A lump sum paid for work performed during overtime hours
without regard to the number of overtime hours worked does not qualify as an overtime premium even though
the amount of money paid is equal to or greater than the sum owed on a per-hour basis. For example, no part of
a flat sum of $180 to employees who work overtime on Sunday will qualify as an overtime premium, even
though the employees’ straight-time rate is $12.00 an hour and the employees always work less than 10 hours on
Sunday. Similarly, where an agreement provides for 6 hours pay at $13.00 an hour regardless of the time
actually spent for work on a job performed during overtime hours, the entire $78.00 must be included in
determining the employees’ regular rate.
Salary for Workweek Exceeding 40 Hours: A fixed salary for a regular workweek longer than 40 hours does not
discharge FLSA statutory obligations. For example, an employee may be hired to work a 45 hour workweek for
a weekly salary of $405. In this instance the regular rate is obtained by dividing the $405 straight-time salary by
45 hours, resulting in a regular rate of $9.00. The employee is then due additional overtime computed by
multiplying the 5 overtime hours by one-half the regular rate of pay ($4.50 x 5 = $22.50).
Overtime Pay May Not Be Waived: The overtime requirement may not be waived by agreement between the
employer and employees. An agreement that only 8 hours a day or only 40 hours a week will be counted as
working time also fails the test of FLSA compliance. An announcement by the employer that no overtime work
will be permitted, or that overtime work will not be paid for unless authorized in advance, also will not impair
the employee’s right to compensation for compensable overtime hours that are worked.
Where to Obtain Additional Information
For additional information, visit our Wage and Hour Division Website: http://www.wagehour.dol.gov
and/or call our toll-free information and helpline, available 8 a.m. to 5 p.m. in your time zone, 1-866-
4USWAGE (1-866-487-9243).
This publication is for general information and is not to be considered in the same light as official statements of
position contained in the regulations.
U.S. Department of Labor
Frances Perkins Building
200 Constitution Avenue, NW
Washington, DC 20210
1-866-4-USWAGE
TTY: 1-866-487-9243
Contact Us

Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.

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