Not necessarily. Under federal and Texas law, all employees must receive at least minimum wage for the first forty hours of work and overtime for work time beyond at a rate of one and a half the rate paid for the first forty hours unless an exception applies under the law. Texas and federal wage laws contain […]
Is getting paid by salary better than being paid hourly in Texas? Read More »
Overtime pay has long been a contentious issue in various industries, and the legal profession is no exception. As lawyers dedicate their time and expertise to serving their clients, questions arise about whether they are eligible for overtime compensation. In this article, we will delve into the intricacies of overtime pay for lawyers, exploring the
Even lawyers want their FLSA overtime pay Read More »
can be filed under either federal or state law in Texas. There are some reasons why one may want to choose to pursue a claim under federal or Texas state law. One important consideration for the employee is which process is best for recovering unpaid wages. If you believe you have an unpaid wage claim
Important Deadlines for Unpaid Wage Claims in Texas Read More »
In a down economy, it can be exceedingly rare that you have an opportunity for promotion. It can be even rarer that the company is going to be willing to negotiate a higher salary when they know that there is probably 100 people at least closely qualified to take the position for the offered salary.
How to Negotiate a Better Deal with a Promotion? Read More »
The minimum wage in Dallas, Texas is currently $7.25. Minimum wage in Dallas Texas is the same as the minimum wage in Texas at $7.25, set by the Texas Payday Act, which ties minimum wage in Dallas and the rest of Texas to the minimum wage under the federal Fair Labor Standards Act. Dallas could increase
Minimum wage in Dallas, Texas employment law Read More »
If scheduled to be “on call” as part of your employment, you may be eligible to receive pay based on the Fair Labor Standards Act (FLSA) and Texas Payday Law for at least minimum wage. If it is more than forty hours and you are not a salaried, exempt employee, then also overtime pay. On
Do I have to be paid for being on call to work in Texas? Read More »
No, although many employers continue to present this as a written or unspoken rule. Employers generally do not want you to share your salary, hourly wage, or bonus numbers with your colleagues. They fear those who make less will demand more pay. The National Labor Relations Act protects your right to discuss conditions of your
Can my boss fire me or write me up for talking to other employees about my pay? Read More »
This year’s Masterchef season is plagued with allegations of sexual harassment by a few female contestants, including one actress and former Playboy model. We don’t know much about the details of the allegations. All contestants are under contract with Fox not to discuss what happens behind the scenes. I suspect these allegations will turn into a
Ramsay, Masterchef, Tipped Employees, Sexual Harassment…What’s Going On? Read More »
A question was asked whether an employer could schedule an employee for a set of hours and if there was no work to do, have the employee clock out but be required to stay in a particular area of the work premises until he or she was needed to clock back in, with the threat
Can I be forced to clock out but keep working in Texas? Read More »
to compensation for certain employees for hours worked over forty hours in a work week at one and a half times the employee’s regular rate of pay. Most people understand the general concept of overtime pay; but employees do not always understand some of the specific rules. Employers often take advantage of this by not
When overtime must be paid in Texas? Read More »
Yes, Texas is an at-will state. At-will employment suggests that an employer and employee have equally bargained for the exchange of labor (from the employee) and payment of wages (from the employer) and freely engage in that transaction without the existence of an employment contract. This means that an employer may fire an employee for
Is Texas an At-Will Employment State? Dallas employment lawyer discusses Read More »
I don’t want to get in the habit of commenting on other states’ employment law positions but this case carries special weight. It may inadvertently affect the whole country because the case is before the federal Second Circuit Court of Appeals. This case deals with tip pools among tipped employees and non-regularly tipped employees. It
New York state Court of Appeals says Starbucks supervisors can share in tip pool Read More »
Tipping is a form of employee compensation in which employees receive wages from the employer and customers, who have no legal relationship with their the employer or the tipped employee. The Fair Labor Standards Act (FLSA) and Texas Payday Law both recognize tips as wages to the tipped employee. They are subject to minimum wage
Fair Labor Standards Act & Texas Payday Law and Tipped Employees Read More »
The Fair Labor Standards Act of 1938 is a federal law that establishes minimum wage and work hour regulations for most of our nation’s workers. It is best known for establishing minimum wage and overtime pay regulations. The Fair Labor Standards Act (FLSA) is one of several federal labor and employment laws that govern wages,
What is the Fair Labor Standards Act? Read More »
Under Texas law and federal law, an independent contractor is a person that performs services for another entity under some agreement, in exchange for compensation, free from the “control” of the entity paying for the services. An independent contractor is typically thought of in contrast to an employee or as self-employed. This is mostly an accurate
What is an independent contractor in Texas? Read More »
Ok, let me start this off by saying I’m not normally a Cosmopolitan reader. My wife is a subscriber and there’s usually at least one issue hanging around the house. The other day I saw the most recent issue tossed on the coffee table. Among the articles advertised on the cover was the title of
Last night Gordon Ramsay’s Kitchen Nightmares ended its season with a visit to the Arizona restaurant Amy’s Baking Company. For the first time, he walked away from the restaurant without making any changes or improvements to the restaurant. (The owners seemed to also think this was for the best.) The restaurant suffered criticism online pointed at the
Kitchen Nightmares Season Finale and Tipped Employees Read More »