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Texas Employment Law Blog

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.

I am paid a salary

We hear this a lot: "I am paid a salary. That automatically means I'm not entitled to overtime pay, doesn't it?"

The answer is a clear no.

Even if you are paid a salary, that is only one of several factors that a court must consider in deciding if you have a legal right to overtime pay. First, under the current federal regulations (which are slated to change in the near future), you must be paid a set weekly salary. Generally speaking, that salary should not change from week to week no matter how many days you work, as long as you do some work. If you're paid a "salary" that changes from week to week depending on how much you work, then there is a good chance you are entitled to overtime pay.

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