Wage & Hour

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 Dallas and Fort Worth 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 developed regulations around the provisions of the Fair Labor Standards Act (FLSA) as they relate to volunteer work and address these issues. Generally Dallas-Fort Worth for-profit businesses cannot take on volunteers to obtain unpaid labor or require employees to volunteer for non-profit causes...

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What is the statute of limitations to sue an employer in Texas? Fort Worth employment attorney explains

In Texas an employment lawsuit may arise under a combination of federal, state and local laws. This is true whether the lawsuit is for wrongful discharge, pay or benefits issues, discrimination, FMLA, or other employment claims. All forms of employment claims carry a limitations period. The statute of limitations is not universal for each of these claims. Technical procedural rules may determine the calculation of the statute of limitations to a particular employment claim. The best thing to do if you believe you have an employment claim is to contact Texas employment lawyers. Today's post will discuss some of the limitations periods for common employment claims. Wage/Pay/Compensation...

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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 must receive overtime pay at a rate of one and a half times their regular rate of pay for each hour of work over forty hours in the workweek. FLSA Exemptions for Minimum Wage and Overtime Pay There are a number of exemptions under the Fair Labor...

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Are Dallas-Fort Worth Uber drivers employees or contractors?

So far Uber hasn't had a great start in Dallas and Fort Worth (according to reviews). Uber has seen great success in other areas. It is widespread in the major cities in California despite an existing availability of taxi drivers. Major cities around the country are tackling the issues with Uber and other ride-sharing services in different ways. Many cities are adopting ordinances restricting the ride-share business or requiring drivers to follow the same safety and insurance regulations to operate in the city. Other cities, like San Antonio, have loosened restrictions to encourage these businesses to provide private transportation in...

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Does my employer have to give me breaks and lunches in Dallas or Fort Worth, Texas?

Neither federal or Texas law requires employers to give employees rest or meal breaks for most employees; but there are certain exceptions under the law. There are a number of misconceptions floating around. Insisting your employer owes you a break without legal entitlement could put your job at risk. Common incorrect beliefs include the belief employees are entitled to a fifteen minute break every four hours or that an employee is entitled to a thirty minute lunch after six and a half hours of work. Some states have state wage laws that require employers to provide rest and meal breaks. Some...

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Travel Pay for the Traveling Employee in Fort Worth and Dallas, Texas with Dallas unpaid wages lawyer

Working a job that regularly involves traveling is tough work. The very nature of the traveling requires you to disconnect from home and family. It's an especially difficult for those with families. It's not just the long hours, it's the frequent, complete disconnect from your home. I do not travel much for work but my wife regularly travels as part of her relationship management position. It wears on her although she is very good at her job and her clients like her. Although I do not have first hand experience I have a close view of the effects of a...

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Employer won’t pay your last paycheck in Texas?

I get a LOT of calls and emails to my Fort Worth area 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 to pay for work that was already performed but it seems to be a very popular attitude these days. Although Texas law provides authority for the government to pursue civil and criminal penalties against employers who try to stiff their employees, it is rare...

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Can my employer make me waive FMLA protection in Dallas and Fort Worth, Texas?

No, an employer cannot require you to sign a waiver of protection under FMLA for future leave or protection from discrimination on the basis of prior use of FMLA. Department of Labor regulations on FMLA prohibit employers from requiring employees to waive FMLA rights and hold any waiver invalid. Like minimum wage and overtime protections, employers cannot require employees to give up legal protections. All that said, keep in mind that this prohibition on FMLA waivers is for future protections under the law. That means an employer cannot require you to waive protections for future leave or from future adverse action for...

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Fifth Circuit Deals Blow to Overtime Pay with MCA Exemption

This month the federal Fifth Circuit Court of Appeals, which hears appeals from Texas, delivered a surprising appellate decision on overtime pay for workers in long haul freight transport in Allen v. Coil Tubing Services, LLC. In this case, the appellate court held that workers could be identified by class in determining whether an exemption to overtime pay applies rather than assessing the individual job responsibilities of the employee. While this may seem like a minor point, it actually has huge implications. You can read the opinion here but I will address the court's new rule and how it affects Texas...

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5 FMLA Myths You Might Believe in Texas by Fort Worth employment attorney Adam Kielich

Employment lawyers like myself deal with my fair share of FMLA cases for clients. (Probably more than my fair share in Dallas and Fort Worth.) Among those FMLA claims I see employers violate FMLA often because the employer was ignorant of FMLA regulations or had serious misconceptions about FMLA. I also get plenty of calls from employees who believe their employer violated FMLA but the employee misunderstood his or her rights under FMLA. Today's post is a helping of debunking so people can better understand their FMLA rights. 1. My employer has to approve FMLA leave when I ask for it. Remember The...

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