Wage & Hour

https://www.kielichlawfirm.com > Employment Law  > Wage & Hour (Page 4)

Is Texas an At-Will Employment State? Dallas employment lawyer discusses

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 cause or no cause at all. The at-will relationship has a lot to do with what an employment lawyer can do for a client who is wrongfully terminated because it limits the types of claims available under Texas law for wrongful termination. It is a strange...

Continue reading

Fair Labor Standards Act & Texas Payday Law and Tipped Employees

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 requirements, overtime pay and several unique wage rules. Both Dallas and Fort Worth have a large number of service industry employees so this can be a substantial issue. Dallas employment lawyers help clients in Texas with tipping issues under federal and Texas employment laws. Tipping & Minimum...

Continue reading

What is the Fair Labor Standards Act?

The FLSA is a federal law that establishes minimum wage rights for employees. FLSA may be supplemented by state law but the federal protects cannot be reduced by state law. Texas has enacted the Texas Payday Law, which supplements FLSA in a minor number of ways. FLSA protects the right to minimum wage for most employees, overtime pay, equal pay between men and women and limits child labor. FLSA is an important law to protect the payment of wages for employees. Texas beliefs about the FLSA are not always correct There are many inaccurate beliefs about what FLSA requires. I frequently receive phone...

Continue reading

What is an independent contractor in Texas? Dallas unpaid wages attorney explains

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 understanding; although an independent contractor can become an employee temporarily or even permanently based upon the conditions during services performed. What is an independent contractor under Texas employment law? Normally an independent contractor freely contracts to provide services with another party. The independent contractor works under his...

Continue reading

Does Texas require employers to give employees breaks or lunches?

Texas labor and employment law has no general rule requiring breaks or lunches no matter how long you work. Because Texas lacks state specific laws on break and lunch periods, it defaults to federal law. Federal law also generally does not require breaks or a lunch period. An employee in Texas must receive a break or lunch if there is an employment contract specifically stating such requirements. Unless you are a union employee or have a contract then you are largely at the mercy of your employer’s discretion. Under the Affordable Healthcare Act, breastfeeding mothers must be given reasonable (but unpaid) break time for breastfeeding...

Continue reading
error: Content is protected !!