Month: May 2014

Court Denies Arbitration in Unpaid Overtime Case

Employers sometimes make their employees sign arbitration agreements in an effort to discourage claims for unpaid overtime.  A federal court in Houston, Texas recently denied a defendant’s attempt to compel arbitration in…

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FLSA Defendant Fails to Moot Case By Money Tender

Employers who are sued for overtime violations sometimes attempt to resolve the case by tendering money to the plaintiff and claiming that, since the Plaintiff has been paid, the case is now…

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Texas Court On Employer’s Failure to Keep Pay Records in FLSA Case

What happens when an employer fails to maintain accurate records of the hours worked by its employers and is sued for unpaid overtime?  It usually does not end well for the employer,…

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Overtime Pay Upheld to Workers Misclassified as Independent Contractors

The United States Court of Appeals for the Fifth Circuit recently affirmed an award of overtime pay to workers that were misclassified as independent contractors.  The Court upheld the trial court’s ruling…

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