Most people understand volunteering means giving away free labor, often to a charity or other non-profit organization. However, sometimes Texas for-profit businesses seek “volunteers” as a way of receiving unpaid labor or an employer requires its employees to volunteer time for a charitable or civic cause. What about these situations? The Department of Labor has […]
What is a volunteer under Texas employment law? Read More »
Although overtime pay has been a part of the Fair Labor Standards Act since its enactment in the 1930s employer continue to violate overtime rights and misunderstand how employees may be classified as exempt from overtime and minimum wage requirements under the Fair Labor Standards Act (FLSA) and the Texas Labor Code. Employees not exempt
Fort Worth Employment Lawyer and Overtime Pay Read More »
I get a LOT of calls and emails to my Texas law office from people who left their employer and the employer refuses to pay the former employee’s final paycheck. It’s inexcusable for employers to think that just because they no longer have to rely on the employee for continued work that they don’t have
Employer won’t pay your last paycheck in Texas? Read More »
If the calls and emails coming into my office are any indication then there is a growing problem with unpaid wages, minimum wage violations, minimum wage tip violations and unpaid overtime pay here in Texas. I am getting a lot of contacts from people with unpaid wages. The Fair Labor Standards Act and the Texas
Dallas and Fort Worth, Texas unpaid wage claims and attorney fees Read More »
This month the Supreme Court of the United States will hear oral arguments on Sandifer v. U.S. Steel Corp., coming out of the Seventh Circuit, dealing with the “changing clothes” language under Section 3(o) of the Fair Labor Standards Act. Sandifer deals with a group of steelworking employees who are required to put on protective
Sandifer v. U.S. Steel Corp. — FLSA Section 203(o) Read More »
The fluctuating work week is perhaps the least understood subject in wage law under the Fair Labor Standards Act. It is so misunderstood that even federal judges in Texas don’t understand it. The Fifth Circuit rejected the improper application of the fluctuating work week by the Northern District of Texas in Dallas in Black v.
Fluctuating Work Week FLSA calculations Read More »
Flexible Spending Accounts, or FSAs, allow employees to make tax-advantaged contributions towards their health care costs for the year. The FSA is distinct from the employer’s ERISA-governed health insurance plan; but the two operate closely. The employer’s insurer may even administer the FSA. The employee, and possibly the employer as well, contributes each year which
Flexible Spending Accounts: Use It or Lose It Read More »
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 »
When you own liability insurance, whether it is home insurance or auto insurance, your policy undoubtedly possesses a clause that allows you to turn the claim over to the insurer when the claim is covered under the policy. The insurance company then has a duty to defend you from lawsuits for those claims. Typically insurers
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 »
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 »
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 »
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 »
Discrimination in the workplace is prohibited when that discrimination is on the basis of one’s sex/gender, race, national origin, religion, age (if over forty), disability, pregnancy, genetic information and military service. Employment law prohibits it against both employees and job applicants. Employment discrimination on one of these classifications generally falls into two forms of conduct. This
Fort Worth Employment Attorney explains how employment discrimination occurs Read More »
You may have insurance claims through many events in your life. You may have been in a car accident in Texas where you filed against an insurance policy. Your home may have been damaged by weather and you have to file against your homeowner policy. As a renter, you may need to file a claim when
Do I need a lawyer to negotiate an insurance claim? Read More »