Fair Wage Laws

Court holds Utilization Management Nurses not exempt from OT pay

Utilization review employees are often misclassified as exempt from state and federal overtime laws and denied overtime pay.  A decision from a federal judge in Wisconsin highlights that such personnel policies are…

Read More

Court holds mortgage workers not exempt from OT pay

Employers are frequently sued for violating state and federal overtime pay laws resulting from classifying their workers as exempt when they should not do so.  A recent case decided by a federal…

Read More

5th Circuit Issues Opinion on Class-Wide Overtime Arbitration

Employers are increasing their efforts to force workers to sign arbitration agreements in an effort to shield themselves from class and collective actions for overtime pay.  The Fifth Circuit recently refused to…

Read More

Janitorial Company Sued for Overtime Violations

The janitorial industry is rife with overtime violations. A case filed by the Department of Labor (“DOL”) illustrates some of the issues in this industry. Jani-King of Oklahoma Inc. was sued for…

Read More

Federal Court Finds for Call Center Workers 

Call centers frequently violate the FLSA by failing to pay their workers overtime or minimum wages. A recent federal case in Nevada illustrates some of the issues call center employees face when…

Read More

Court awards OT damages to Five Star Automatic Protection workers

Companies commonly violate the FLSA by failing to pay employees for pre-shift work and/or travel time. A case from the Western District of Texas illustrates these issues.  Following a lawsuit filed by…

Read More

Court denies effort to assert second overtime class action

Workers who are shorted on overtime claims often have a choice to make as to whether to opt in or out of a class or collective action settlement.  Whether they join the…

Read More

Recent Case Shows the Risk of Companies Taking Overtime Claims to Trial

A recent case in federal court in Connecticut demonstrates how expensive it can be for a defendant to fight an overtime case all the way to trial. Several class representatives filed an…

Read More

How is Overtime Defined?

Overtime Definition I get calls from potential clients who want to know how overtime is defined and what sort of work constitutes overtime.  While some states have their own laws governing overtime,…

Read More

Cenikor sued for minimum wage and overtime violations

Cenikor Lawsuit A former patient of Cenikor Foundation has filed a class action lawsuit in federal court in Houston against the company, alleging that its work program violates federal minimum wage and…

Read More

Cenikor investigated for possible labor violations

UPDATE: On May 1, 2019, Borsellino, P.C. filed a lawsuit against Cenikor for labor violations related to its work program.  For more information regarding this lawsuit, including who may be eligible to…

Read More

Independent Contractor Overtime: What You Should Know

Having represented hundreds of workers in overtime pay disputes over the past seven years, I know that there is a lot of confusion among workers when they are classified as independent contractors…

Read More

3 Things To Know About Day Rates and Overtime

Day rates used to be a staple in the oilfield industry, as well as other areas such as construction.  Hundreds of oilfield companies have been sued by current and former employees for…

Read More

Court allows oilfield overtime class action to proceed

A federal court in Oklahoma recently denied an oilfield services company’s efforts to dismiss a collective action lawsuit seeking unpaid overtime.  A former employee of Gore Nitrogen Pumping Service filed suit against…

Read More

Deductions for missed work can cause overtime issues

Being able to go to the dentist, the doctor, take off for vacation or just being able to rest if you are sick is impossible if an employee cannot take off during…

Read More

Texas Overtime Laws – What You Need to Know

What are the Texas Overtime Laws? I get calls all the time from people wanting to know more about the overtime laws in Texas.  The answer is both simple and complex –…

Read More

Nurses sue for mandatory meal breaks, alleging unpaid OT

Nurses are beginning to file suit against hospitals because of mandatory meal period deductions. Nurses are being docked pay because of hospital policies that fail to properly compensate non-exempt nurses for work…

Read More

Texas court refuses to enforce arbitration provision in overtime suit

A federal court in San Antonio recently refused to enforce an arbitration provision in an overtime lawsuit filed by nurses against their former employer.  Plaintiffs alleged that Defendants failed to pay their…

Read More

Are security guards owed overtime pay?

Security guards frequently work long hours and are often classified as independent contractors and paid a flat hourly rate or day rate, regardless of the number of hours they actually work in…

Read More

Security services company G4S settles overtime lawsuit

Security services company G4S Secure Solutions will pay as much as $130 million to settle a class action in California state court alleging that it stiffed thousands of security officers on meal…

Read More