employee claims

What is a volunteer under Texas employment law?

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 …

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Fort Worth Employment Lawyer and Overtime Pay

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 …

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Dallas and Fort Worth, Texas unpaid wage claims and attorney fees

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 …

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Sandifer v. U.S. Steel Corp. — FLSA Section 203(o)

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 …

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Fluctuating Work Week FLSA calculations

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. …

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Flexible Spending Accounts: Use It or Lose It

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 …

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I was sued, my insurance company did not settle and the jury awarded more than my policy covers. I can’t afford to pay. What can I do?

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 …

I was sued, my insurance company did not settle and the jury awarded more than my policy covers. I can’t afford to pay. What can I do? Read More »

Ramsay, Masterchef, Tipped Employees, Sexual Harassment…What’s Going On?

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 …

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New York state Court of Appeals says Starbucks supervisors can share in tip pool

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 …

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Fort Worth Employment Attorney explains how employment discrimination occurs

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 …

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