Overtime in Texas is governed by federal law and specifically the Fair Labor Standards Act (“FLSA”). Under the Fair Labor Standards Act, non-exempt employees who work more than 40 hours per work week are typically entitled to receive at least one and one half times their regular rate of pay for the overtime hours. For service-related jobs that involve direct customer interaction and tipping, specific rules apply regarding tips and minimum wage and tip pools. When a company violates wage and hour laws, they can be held financially liable for back pay and other damages.
Documenting Your Case - Wage and Overtime Violations – Use your email!
If you believe your employer has violated wage or hour laws, collect as much documentation as possible: pay stubs, copies of time cards, emails, posted memos, or anything else that implicates your employer. I suggest you email yourself from your work email so that you can prove you are actually at work and it is an admissible record. When asked to work overtime, just email your personal account from your work account and the meta data will record the time stamp. If your job requires you to perform a certain amount of creative discretion while other parts are automated or process-driven, our lawyers can review your classification to determine if you should be classified as a non-exempt employee.
Negotiating a Severance Agreement or Severance Package
It's not uncommon for employers to use a severance agreement to diffuse potential whistleblower actions, discrimination lawsuits, wage and hour disputes, and other employment claims. Understanding what your rights and obligations are in the context of several competing legal and financial concerns is essential in determining whether or not you should accept a severance package.
Understanding your Rights with regard to Severance Packages
If your employer has offered you a severance package, contact me today to schedule an appointment and learn how I can help you.
NEW YORK (MainStreet) — Let the worker beware: in Texas it is now entirely legal to lie to your staff.
A recent decision from the Texas Supreme Court has ruled that at-will employees can't sue their employer for fraud over the loss of their jobs. In his opinion, Chief Justice Nathan Hecht held that "while an employee can sue an employer for fraud in some situations... [a] claim cannot be based on illusory promises of continued at-will employment."
In 2002 E.I. du Pont de Nemours announced plans to turn some of its operations into a separate subsidiary. Most of the affected employees were under a union agreement that gave them the right to transfer within DuPont if they preferred, a decision which would have cost the company an enormous amount of money to retrain the transfers and hire their replacements.