Overtime Pay

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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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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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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