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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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 in Dallas and Fort Worth, Texas

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 »

Can my employer change the 401k plan or make an exception for me?

Generally, no. The federal regulations that govern 401k plans require that 401k plans do not discriminate against employees. Plans must have uniform rules and the rules must apply in a uniform manner. For example, if your plan permits hardship withdrawals it must establish specific rules for those distributions. Plans can establish some variances in rules across …

Can my employer change the 401k plan or make an exception for me? 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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When overtime must be paid in Dallas-Fort Worth? Dallas overtime lawyer explains

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 …

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

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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Will filing a claim or suing my employer affect my job in Texas?

It is always a major concern of Texas employees facing illegal/inappropriate conduct at work to take any steps to protect themselves, whether it is complaining to their boss, human resources, filing a claim or charge with a government agency, or filing a lawsuit, for fear of retribution or loss of work. There is no avoiding …

Will filing a claim or suing my employer affect my job in Texas? Read More »

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