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Texas Employment Law Blog

Working leads and foremen may be entitled to overtime even if paid a salary.

Many employers, especially those in the construction or oil and gas business, employ foremen (sometimes also called "leads" or "project managers"). These employees work alongside a rotating crew of hourly workers but also have some managerial responsibilities for the crew. The foreman might assign specific tasks to workers, communicate with the customer, and be responsible for the safety of the workers. Often, foremen are classified as "exempt" from the FLSA's overtime requirements; and, as a result, they are almost always paid a salary, with no overtime.

Paid through tips only? Your employer likely owes you a lot more.

Although the FLSA has required employers to pay employees minimum wage and overtime for nearly eighty years, employers are still violating its core requirements today. A common violation occurs when an employer requires its tipped workers to work only for the tips they receive from customers. This violates the law.

Moreland Law Firm files class action lawsuit on behalf of bartenders, bartenders, and servers paid tips only.

On Wednesday, August 23, 2017, Moreland Law Firm, P.C. filed suit in Federal Court in San Antonio, Texas against individuals and entities running two San Antonio medical center bars-4th Quarter Sports Bar and 8811 Patio Bar. The case was filed on behalf of Mario Sanchez and a class of bartenders, barbacks, and servers.

Nurses Frequently Shorted Overtime Pay They are Legally Entitled.

Nurses are critical to the health and wellbeing of our loved ones. But with the ever-evolving pressures on the healthcare industry, they are frequently shorted the pay they deserve and to which they are legally entitled.

Moreland Law Firm files suit on behalf of LVN not paid overtime .

On Tuesday, August 8, 2017, Moreland Law Firm, P.C. filed suit in Federal Court in Houston, Texas against Divine Healers, Inc. (doing business as Healing Hands Healthcare) on behalf of Victor Garcia and a class of Divine Healers' LVNs, RNs, CNAs, and Providers.

Pelons employees file suit to remedy improper tip-pooling.

On Thursday, July 27, 2017, Moreland Law Firm, P.C. filed suit in Federal Court in Austin, Texas against Pelons Tex-Mex Restaurant on behalf of Jeremy Mohica and a class of Pelons servers (the "Servers").

The Fifth Circuit Court of Appeals Revives Oilfield Workers' Overtime Case

On May 30, 2017, the Fifth Circuit Court of Appeals decided Dewan v. M-I, LLC, and revived a case that a trial court had dismissed. This case is important because it addresses, and clearly rejects, an argument that companies are making with increasing frequency: that certain employees are not entitled to overtime compensation because they are subject to the "administrative exemption" from the protection provided by federal law.

Straight Time Instead of Overtime? Sounds Fishy.

The Fair Labor Standards Act became a federal law in 1938. At its core, it requires two very simple things: (1) minimum wage; and (2) overtime pay equaling time and a half for all hours worked over 40 in a week. Simple right?

KBRwyle workers paid straight time in lieu of overtime for all hours.

On July 14, 2017, Moreland Law Firm, P.C. filed suit in Federal Court in Laredo, Texas against KBR, Inc., CAS, Inc. and KBRwyle Technology Solutions, LLC ("KBRwyle") on behalf of current field service representatives Jacob Shaw, Mitch Rosiere, and Alfred Jacques (the "Plaintiffs").

Gas Prices Dropping Means More Unpaid Overtime For Oilfield Workers

As gas prices continue dropping, consumers are happier to fill up their vehicles for less money at the pump. However, there are negative repercussions for oilfield workers. One of the biggest negatives is the large number of layoffs. Another disadvantage is unpaid overtime for oilfield workers.

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