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Deductions Prevent Summary Judgment in Unpaid Overtime Case

Employers sometimes deduct monies from their salaried employees’ paychecks for various reasons.  These deductions can prove costly in unpaid overtime lawsuits, as a recent opinion issued by a federal judge in Dallas,…

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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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Supreme Court To Hear Appeal of Overtime Pay Lawsuit

The U.S. Supreme Court has agreed to hear an appeal of an unpaid overtime lawsuit that could affect millions of workers across the country that go through security screenings and perform other…

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Workers To Benefit from Proposed New Overtime Pay Rules

Federal regulators will revise the rules on overtime pay in a move that will make millions of additional workers eligible for additional pay when they work more than forty hours per week. …

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Texas Overtime Laws

Talk to a Lawyer that Knows Texas Overtime Laws! With the oil and gas sector booming, workers in Midland-Odessa and across West Texas are being asked to work more now than ever. …

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Independent Contractor or Employee?

I am often asked the question by clients, “Am I an employee or an independent contractor?”  All too often, the answer to this question is that my client has been misclassified as…

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How to Recover Unpaid Overtime

You may be wondering how to get back overtime pay.  To recover overtime pay that a current or former employer owes you, you generally have two choices.  You can file a complaint…

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Short-haul Truck Drivers – Are You Owed Overtime Pay?

Short-haul truckers working for oilfield service or construction companies who are paid by the load, with no extra compensation for hours worked above 40 in a week, may have a claim for…

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Cable/Internet Installers and Technicians & Overtime Laws

Many cable and internet installation companies are intentionally violating the overtime laws and costing their workers thousands of dollars in unpaid overtime. These companies generally violate the Fair Labor Standards Act in…

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Got an Oilfield Job? Know Your Overtime Rights!

Overtime violations are on the rise in the oil patch.  The Department of Labor has announced that it has launched an “enforcement initiative” on Marcellus Shale contractors that will last for several…

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Fifth Circuit Triples Texas Unpaid Overtime Award

It is a rare case when the United States Court of Appeals for the Fifth Circuit (one of the more conservative in the country) rules that a plaintiff was not awarded enough…

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Are Assistant Managers Due Overtime Pay?

Many assistant managers are told that they are exempt from overtime pay.  Assistant managers are often required to work long hours without any compensation other than “straight time” or their base salary. …

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What About My Bonus? Enforcing Bonus Promises to Oilfield Workers

Across Texas (in West Texas in the Permian Basin and in South Texas in the Eagle Ford Shale, particularly) and in many other parts of the country, oil and gas production is…

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Are Cell Tower Workers Due Overtime Pay?

Cellular providers are racing to build advanced cellphone networks, according to the Wall Street Journal.  The subcontractors who build, upgrade and maintain these cell phone towers are working their employees around the clock…

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Arms Race Leads to Increased Deaths Among Cell Tower Workers

According to the Wall Street Journal, cell phone carriers are racing to build advanced cellphone networks, which is leading to a significant increase in the number of deaths among tower workers.  At…

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Fort Worth Area Construction Accident Reminder of Dangers Facing Workers

A recent Fort Worth-area construction accident highlights the dangers facing construction workers.  Three workers were burned in a North Richland Hills house fire Monday morning when a paint thinner caught fire.  The…

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Texas Law Aims to Deter Worker Misclassification in Construction Industry

Texas lawmakers are attempting to get tough on construction companies that commit payroll fraud by misclassifying construction workers, passing a new law recently signed by Gov. Rick Perry. As I have previously…

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