Posts by Josh
RealPage, Inc. Sued for Alleged Overtime Violations
An employee of RealPage, Inc. has filed a lawsuit against the company, alleging violations of federal overtime laws. The plaintiff’s primary job duties involved data entry. According to the complaint, the plaintiff consistently worked more than 40 hours per week—often between 60 and 80 hours, and sometimes more, depending on the workload. Despite these long…
Read MoreNurses Deserve to Be Paid for Every Minute They Work — Including Meal Breaks
As a Texas attorney who has represented hundreds of workers and recovered millions of dollars on their behalf, I’ve seen firsthand how employers cut corners when it comes to paying workers what they are legally owed. One of the most common — and overlooked — violations I see occurs in the healthcare industry, particularly among…
Read MoreWhen Does Judicial Delay Warrant Equitable Tolling of FLSA Limitations?
In Fair Labor Standards Act cases, plaintiffs sometimes seek to toll the limitations period of any members of the proposed collective where judicial delays occur while a motion for conditional certification is pending. This blog post explores the circumstances under which courts may grant equitable tolling, thereby preserving the rights of potential opt-in plaintiffs during…
Read MoreCall Center Workers: You May Be Owed Overtime—Know Your Rights!
If you work in a call center, you may be working “off-the-clock” without realizing it—and that means you could be owed unpaid wages and overtime. Many call center companies require employees to log in to computer systems, launch multiple programs, and be “phone-ready” before their shift officially begins. Yet, they don’t pay for this time.…
Read MoreAssistant Manager Paid a Salary? You May Be Owed Overtime Pay
You may be entitled to significant compensation if you’re an assistant manager working long hours without overtime pay. Major retailers, including Burlington Coat Factory, Kohl’s, and Rite-Aid, have paid millions to settle lawsuits over misclassifying assistant managers as exempt from overtime. Why Are Assistant Managers Winning Overtime Lawsuits? Many companies classify assistant managers as “exempt”…
Read MoreMidland-Odessa Workers’ Comp Claims: Know Your Rights
Injured at Work? You May Have More Options Than You Think If you’ve been injured at work in the Midland-Odessa area, you may be entitled to workers’ compensation benefits. However, many injured workers mistakenly believe that workers’ compensation is their only recourse. This is often not the case. Understanding Workers’ Compensation Workers’ compensation provides crucial…
Read MoreTruck Driver Worker’s Compensation Claim? Know Your Rights!
If you are a truck driver, you play an essential role in keeping our economy moving. You face long hours on the road, challenging weather conditions, and other risks that come with the job. Unfortunately, accidents happen, and many truck drivers are injured through no fault of their own. If you’re a truck driver injured,…
Read MoreTruck Drivers – Injured At Work? Know Your Rights!
If you’re a commercial truck driver who has been injured while on the job, you may be entitled to significant compensation. Truck accidents can result in serious injuries, including: Traumatic brain injuries (TBI) Spinal cord injuries Broken bones Internal injuries Burns Amputations These injuries can have a devastating impact on your life, both physically and…
Read MoreTruck Drivers: Know Your Rights to Overtime Pay
Truck driving is a vital yet demanding profession, and drivers often work long hours to keep the economy moving. While federal law under the Fair Labor Standards Act (FLSA) generally exempts truckers from overtime pay, some states have their own overtime laws that grant truck drivers overtime rights under certain circumstances. Understanding these rights is…
Read MoreCourt Orders Arbitration in Pilot Catastrophe Services OT Case
A federal court recently issued an important ruling in the unpaid overtime case Warden v. Pilot Catastrophe Services, Inc. In this case, the court compelled arbitration and dismissed the collective action claim, effectively requiring individual arbitration for the claims under the Fair Labor Standards Act (FLSA). What Happened in the Warden Case? Brian Warden, a…
Read MoreWhen should I be paid for travel time?
As an experienced overtime attorney, I am often asked when employers must pay their employees for travel time. In Walters v. Professional Labor Group, LLC (7th Cir. 2024), the Seventh Circuit clarified the rules surrounding compensable travel time under the Fair Labor Standards Act (FLSA), particularly in cases involving overnight travel for employees working at…
Read MoreCourt Affirms Win for Workers in Wage Dispute
In a significant ruling for workers classified as independent contractors and denied overtime pay, the U.S. Court of Appeals upheld a jury’s verdict awarding unpaid wages to a group of Direct Service Workers (DSWs) employed by Berry’s Reliable Resources, L.L.C. (BRR). The case stemmed from claims filed by former employees of BRR, a company providing…
Read MoreNew Mexico Court Certifies Collective Action for Hospital Workers
A federal court in New Mexico recently certified a case as a collective action in which the plaintiff alleged that a hospital center in Las Cruces, New Mexico violated state and federal labor laws. The Court addressed the plaintiff’s motion for conditional certification and issuance of notice under the Fair Labor Standards Act (FLSA) and…
Read MoreCourt allows OT claim for rounding by timekeeping software
The Eighth Circuit Court of Appeals has allowed a claim for unpaid overtime alleging improper rounding to move forward. Hourly employees sued St. Luke’s Health System, alleging that the automated timekeeping system the company used caused them to lose time at the beginning and end of shifts. The timekeeping system would round to the scheduled…
Read MoreCourt: Energy company’s dispatchers not exempt
Unitil Service provides “administrative and professional services on a centralized basis” to Unitil Service subsidiaries “including regulatory, financial, accounting, human resources, engineering, operations, technology, energy management and management services.” More specifically, Unitil Service operates, monitors, and controls the electrical grid and gas pipelines that distribute electricity and gas to end-user customers. This includes operating centralized…
Read MoreTravel Time and Overtime Pay: What You Need to Know
One way companies cheat their workers out of overtime pay is by refusing to pay for travel time. This issue is commonly seen in overtime lawsuits. Here are some common issues that arise related to travel time: Refusing to pay for same-day travel; Refusing to pay for overnight travel; Paying only a fixed amount of…
Read MoreCommon Questions About Unpaid Wages in Texas
My clients have many questions about unpaid wages and overtime pay in Texas. The purpose of this article is to answer some of the most common ones that my clients have regarding wage claims in Texas. I have grouped some of the more similar questions together so they can be answered at the same time. …
Read MoreWhat is gross negligence in a trucking accident case?
Gross Negligence in Trucking Accident Cases – What You Should Know Large trucks are a necessary evil on our roads – they carry the goods we need, but they are also dangerous – according to a federal safety agency, in 2020, 4,998 large vehicles were involved in fatal crashes. When a truck is involved in…
Read MoreArbitration provision not retroactively enforceable in FLSA case
A federal judge in Houston struck a cost-sharing provision in an arbitration clause and limited the time period covered by the clause in ruling on the defendant’s motion to compel arbitration of claims asserted under the Fair Labor Standards Act. Several workers sued Global Fixture Services, Inc. (“Global”) for overtime pay. Each Plaintiff signed contractor…
Read MoreBaylor Scott & White Surgicare Contaminated IV Attorney
Did you or a loved one undergo a routine medical procedure at Baylor Scott & White Surgicare North Dallas, located 12230 Coit Road and suffer severe, life-threatening medical emergency afterwards? If so, you may have been the victim of a contaminated IV bag, and you may be entitled to monetary compensation. Dallas police on Wednesday…
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