Fair Wage Laws

Court: Timekeeping Policies Not A Defense to Overtime Claims

Appellate Court Concludes Timekeeping Policies Not An Absolute Defense to Overtime Pay Employers faced with overtime lawsuits often attempt to blame their workers for underreporting their hours.  In a recent case, however,…

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Are X-Ray Techs Entitled to Overtime Pay?

Are Radiology Technologists Owed Overtime? X-Ray Technicians, also known as radiology technicians, or RT’s, may be paid on an hourly, salary or per diem basis.  Regardless of how they are paid, the…

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Are Inspectors Due Overtime?

Are Inspectors Owed Overtime Pay? Many inspectors of all types (pipeline inspectors, health and safety inspectors, quality control inspectors, field inspectors, environmental inspectors, construction inspectors, etc.) are paid a salary or day…

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Court Rules Oil and Gas Worker Not Exempt from Overtime Pay

A federal court in San Antonio, Texas concluded that a Field Coordinator and Service Supervisor for an oil and gas services company was not exempt from overtime pay as a matter of…

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Oilfield Layoffs Will Mean More Overtime Lawsuits

As oil prices have dropped, and continue to remain low, many companies in the oil and gas industry are announcing that they are laying off oilfield workers.  Several of the largest oil…

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Texas Overtime Lawsuits Continue to Increase

The number of overtime pay lawsuits in Texas continues to increase this year.  In 2013, Texas workers filed 1,128 unpaid overtime lawsuits in federal court under the Fair Labor Standards Act, or…

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Court Denies Overtime Defendant's Efforts to Expand FLSA Suit

When employers are sued for overtime pay, they sometimes attempt to assert counterclaims against the employee(s) to gain leverage in the lawsuit.  Such efforts are almost always unsuccessful, as courts have ruled that…

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President Proposes New Overtime Pay Rules

The White House has announced plans to enact new rules on overtime pay that could impact thousands of Americans.  In February, the Obama administration is expected to announce a proposed new rule…

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Oilfield Workers – Are You Due Overtime Pay?

If you currently or within the past three years have worked for an oil and gas or an oilfield services company, you may be wondering whether oilfield workers are owed overtime pay. …

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Oil and Gas Companies Increasingly Sued for Overtime Pay

The oil and gas industry is coming under increasing scrutiny for its failure to pay overtime to oilfield workers.  In states that have seen the biggest increase in oil and gas drilling,…

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Factory Workers Receive Overtime Pay for Pre-Shift Meetings

According to a press release from the Department of Labor, Shell Oil Co. and Motiva Enterprises LLC have agreed to pay $4,470,764 in overtime wages to more than 2,500 chemical and refinery…

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New Poll Finds Americans Working More Overtime

Overtime is the new normal for American workers.  According to a new poll by Gallup, Americans are now working an “average” of 47 hours, with a growing number of American employees working…

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Is Overtime Pay Required in Texas and Other OT FAQs

Is overtime pay required in Texas? Federal law requires most workers to be paid at least time and a half their regular rate of pay for each hour they work over 40…

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Can Employer Provide Comp Time Instead of Overtime Pay?

Employers sometimes attempt to avoid paying overtime to their workers by adopting a “comp time” plan.  Under such a system, the employer books extra hours as comp time instead of providing overtime…

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Collective Action Filed Against P & P Oilfield Services for Overtime Pay

1.  Case Description On February 4, 2014, a former employee of Pfaff Ranch Services, LLC d/b/a P & P Oilfield Services filed suit against the company seeking unpaid overtime.  The lawsuit, which…

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Texas Court Certifies Oilfield Overtime Collective Action

A federal district judge in Texas recently granted a motion for conditional certification in an unpaid overtime case brought by oilfield workers.  The case was filed by several former employees of Select…

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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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