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How Does Negligence Per Se Apply to Texas Car Wreck Cases?

Ordinarily, in a personal injury case in Texas, negligence is an issue that is determined by the trier-of-fact at trial. However, in some personal injury cases, the negligence of the defendant may…

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Fort Worth Child's Death A Reminder of the Dangers of Swimming Pools

A seven year old Fort Worth boy recently drowned in an apartment swimming pool. According to a report by Fort Worth firefighters called to assist, the boy was playing outside his family’s…

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Common Violations of Texas Overtime Laws

Do you work 40+ hours per week without receiving overtime pay? Are you paid a salary for a job that should be paid overtime? Do you work “off the clock” without receiving…

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Oil and Gas Company Settles Unpaid Overtime Claims

DOL Reaches Unpaid Overtime Settlement with Oil and Gas Company The Department of Labor recently announced that it had reached an unpaid overtime settlement with an oil and gas company. Under the…

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Does Travel Time Count Towards Unpaid Overtime?

When does travel time count towards unpaid overtime under Texas law? Texas employees are often required to travel extensively as part of their job duties. Thus, it is important to determine whether…

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Do Breaks Count Towards Unpaid Overtime?

When are breaks counted as unpaid overtime under Texas law? Many employees in Texas ask whether their breaks and meal period should be counted as work time for the purposes of determining…

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Can You Recover Unpaid Overtime After Being Terminated?

Can you recover unpaid overtime from a former employer if you no longer work there? The Fair Labor Standards Act, or FLSA, governs unpaid overtime in Texas. One of the common misconceptions…

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The Executive Unpaid Overtime Exemption in Texas

Are You an Executive Exempt from Unpaid Overtime in Texas? As a general rule, Texas employees are entitled to overtime pay unless they qualify for one of the narrow exemptions under the…

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Are Texas Independent Contractors Due Unpaid Overtime?

Are Texas Independent Contractors Due Unpaid Overtime? Employers continue to believe that merely because a person is labeled as an independent contractor, he or she is not entitled to unpaid overtime. Under…

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Texas Overtime Exemptions

I.  Texas Overtime Exemptions Texas overtime pay is governed by the Fair Labor Standards Act, or the FLSA.  As stated in my post that provided an overview of Texas overtime laws, as…

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Texas Overtime Laws

Introduction to Texas Overtime Laws Overtime pay in Texas is governed by federal legislation known as the Fair Labor Standards Act (the FLSA).  As a general rule, employees are entitled to be…

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Update: Five Dead in Fort Worth Motorcycle Crashes This Week

Five people have died in motorcycle wrecks in Fort Worth this week.  As I wrote yesterday, three people, including an off-duty Fort Worth firefighter, were killed in two separate motorcycle wrecks on…

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Three Die in One Day in Fort Worth Motorcycle Wrecks

Monday was a tragic day in Fort Worth, with three dead in two separate motorcycle accidents. In the first accident, a firefighter for the City of Fort Worth was riding his motorcycle…

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Proposed Texas Laws Would Ban Texting While Driving

Texas lawmakers have introduced several proposed bills in a renewed effort to impose a statewide ban on texting while driving. Most prominent among the new proposed laws are those authored by Rep….

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Court Contorts "Claimant" in Wrongful Death Case

Texas Court Issues Wrongful Death Opinion In Smith v. East, a wrongful death case recently decided by the Austin Court of Appeals, a liquor store allegedly sold alcohol to a seventeen year…

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Court Extends Protection for Wrongful Termination Claim

Fort Worth Court of Appeals Addresses Sabine Pilot “Good Faith Belief” Exception If an employee refuses to perform an act that he or she believes in good faith may be illegal, and…

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Vicarious Liability in Texas

We Didn’t Tell Him to Do That! The Law and Consequences of Vicarious Liability in Texas. When can an employer be liable for the acts of its employees? The answer to this…

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Josh Borsellino

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