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overtime rights Archives

Chef can file FLSA lawsuit despite management duties

The U.S. District Court for the Eastern District of Texas has ruled that a chef's overtime and retaliation lawsuit can proceed to trial. Although the chef had management duties where she worked, the chef's employer failed to demonstrate that she was exempt under the Fair Labor Standards Act. Under the FLSA, employees whose primary duty is management may be exempt from overtime compensation.

Federal Judge in Texas Blocks Rule Making 4.2 Million More Salaried Employees Eligible for Overtime Pay

Salaried employees in Texas and throughout the country will have to wait to see if they will become eligible for overtime pay. Recently, a federal judge in Texas issued a relatively last-minute injunction blocking a new rule that would have applied to 4.2 million more salaried employees, making them eligible to receive time-and-a-half pay for overtime hours.

The benefits of litigation financing for Texas employees

According to Burford Capital, litigation financing could be worth using in employment lawsuits. This involves a lender financing the cost of pursuing legal action in exchange for a percentage of any award received. It may be most beneficial for those who may not otherwise convince an attorney to take a case that could take a long time to resolve.

Court rules in favor of dancer

Texas workers who feel they are wrongly classified as independent contractors may have won a victory following a decision by a federal district court involving a strip club dancer. The case involved a contract similar to those commonly signed by independent workers including limousine drivers, cable installers and truck drivers.

Texas Employers Failing to Pay Overtime to Misclassified Workers

Misclassifying workers as independent contractors is an ongoing problem in Texas. Workers who have been misclassified as independent contractors are not receiving the benefits and legal protections afforded to employees.

Back pay for wage and hour law violations

Employees in Texas who have been paid less than the state's minimum wage or denied overtime pay may be entitled to receive back pay from their employers. Back pay is the amount of wages that a worker should have been paid by their employer while the employer was violating wage and hour laws.

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