employee claims Tag

https://www.kielichlawfirm.com > Posts tagged "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 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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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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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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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 Payday Law regulate payment of wage in Texas. These laws have duplicate requirements; but the Texas Payday Law adds some additional rules that help ensure employees are paid what they are due. These additional rules include provisions setting out how and when employees must receive paychecks....

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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. SettlePou, P.C.. In Black, the Dallas district judge misapplied the fluctuating work week in an unpaid overtime case. An employee, misclassified by her employer as exempt, was shortchanged on overtime pay. The appellate court instructed the district court to use the regular overtime pay calculation instead. Ok,...

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Is getting paid by salary better than being paid hourly in Texas?

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 an overtime exemption to receive a straight annual rate regardless of hours worked. Under this exemption, employees receive an annual salary rather than an hourly wage. Only certain types of employees are exempt under this particular exemption: professional, administrative and executive employees. Your actual job may or may...

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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 different business units, but once the rules become effective they cannot change without amending the entire plan. In order to make an exception or change the rules, the plan has change for everybody. Even when a 401k plan desires to make a change, changes often require amending...

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Ramsay, Masterchef, Tipped Employees, Sexual Harassment…What’s Going On? Dallas sexual harassment attorney explains

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 lawsuit against the show's produces and the three judges: Gordon Ramsay; Graham Elliott and Joe Bastianich. However, these three judges are no stranger to litigation, especially when it comes to their own tipped employees. Owners taking tips from servers Back in May, I wrote about an episode...

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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 paying overtime pay owed to employees. This is a major issue in employment law and one that often requires Texas overtime lawyers to correct when an employee does not receive overtime he or she is due. Who receives overtime pay in Texas Under the Fair Labor Standards Act (FLSA)...

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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 post is an overview of employment discrimination. It does not address every form of unlawful discrimination or every method in which unlawful employment discrimination occurs. If you believe you are the victim of unlawful employment discrimination then you should speak with Texas employment discrimination lawyers. Many...

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