The appellate review emanated from a case involving Progressive Business Publications, a company that publishes industry newsletters and trade journals. Court records indicate that PBP convinced employees to enter into a flexible agreement in relation to the performance of their duties; the workers could take as much personal time as they needed to when stepping away from their workstations, but only with the understanding that they would not be paid for this time.
]]> Even when considering the nature of agreements, the court did not side with the labor practices. In this case, the judges believed that the practices essentially forced employees to choose between basic bodily necessities and being monetarily penalized. The court cited provisions of the the FLSA that state employees who spend less than 20 minutes in the bathroom must be normally compensated. If employees take advantage of the 20-minute rule, the court believed that they should be disciplined rather than docked pay.No matter where one is employed, they are entitled to certain rights. These employee rights include receiving fair pay. Oil field workers, day-rate laborers, independent contractors, and salaried workers who feel that their bosses are infringing upon their rights could seek adequate representation. A lawyer could defend an employee's rights during any wage disputes.
]]>If a contract does not comply with the laws applicable to it and you become embroiled in a dispute regarding the contract, it may not hold up in court. What you may have thought was a simple case of breach of contract could end up costing you time, money and effort if the contract fails to legally bind you and the other party.
]]> What do you need to make a contract legal?In order for a contract to withstand legal scrutiny, it must include the following basic elements:
Whether it's the offer, acceptance or consideration, specificity is key. Your contract outline in writing all of the terms to which each party agrees. Any room for interpretation could create issues for you in the future.
What happens if one party fails to adhere to the contract?
If one party fails to fulfill his or her end of the bargain as outlined in the contract, a breach of the contract may have occurred. Before going to court, it may be possible to use an alternative method of dispute resolution such as mediation or non-binding arbitration. If resolving the dispute outside of isn't possible, a lawsuit may be the next step.
In order to file a lawsuit, you will need to show the court that you suffered harm because of the other party's inability or refusal to comply with the terms of the contract. Should the court determine that a breach occurred, it may consider awarding both monetary and non-monetary damages.
It may not be as simple as it sounds.
Proving that a breach occurred and that harm resulted may sound easy, but in many instances, it's not. Gathering the appropriate evidence to substantiate both halves of the claim may require obtaining documentation or statements from the other party and, possibly, witnesses. The legalities involved in obtaining these necessary components can be complex and even frustrating.
If you find yourself in this position, seek advice from a legal professional who has the experience with contract law that you need.
]]>Harassment can either take the form of quid pro quo or a hostile working environment. Quid pro quo harassment occurs when a person's success with a company is largely determined by whether or not they succumb to someone else's sexual advances. A hostile workplace occurs when a person is subject to harassment that is abusive or intimidating in nature. In either scenario, sexual harassment could be anything from unwanted sexual advances to comments about people based on their gender even if they are not sexual in nature.
]]> Actions may rise to the level of sexual harassment if they are pervasive or could be deemed as hostile to a reasonable person. They are also unwelcome or considered abusive by the victim in a subjective manner. The frequency and severity of the harassment a person experiences may play a role in determining if it is considered pervasive from a legal standpoint.Those who are subject to workplace harassment based on their gender or similar characteristics may have grounds for legal action. In some cases, employees may be entitled to compensation for lost pay because of a wrongful termination or an inability to advance in a company. Legal counsel may use evidence such as a pattern of employees not being promoted based on their gender to help an employee get a favorable result in a case.
]]>Despite that, he had received no discipline for those prior complaints. A day after reporting the rape, IDOC sent out an email telling others to reach out to the man because he was likely feeling down. When the female employee asked for paid leave as was IDOC policy in extreme or unusual situations, her request was denied. This was the same type of leave that the male employee had been granted after the July 2011 incident.
]]> This lead the woman to resign her position and file a lawsuit against IDOC alleging a hostile working environment claim under Title VII of the Civil Rights Act of 1964. A key legal question was whether treatment of another employee rises to the level of sexual harassment. While her case was initially dismissed by a district court, that decision was vacated by the 9th Circuit and remanded back to the trial court.Workers who may be victims of sexual harassment may be entitled to compensation and other forms of relief. If a sexual harassment claim leads to a termination or other retaliation, workers may be entitled to back pay and possible punitive damages. A worker may also be entitled to his or her job back. An attorney can look at witness statements or other evidence to determine if an employer engaged in any illegal behavior.
]]>Other differences include the fact that exempt employees must make more than $455 per week. Your job title does not dictate whether you are exempt or not. If exempt employees work more than 40 hours per week, they do not necessarily receive overtime pay. If your employer incorrectly classifies you as exempt, you may be owed overtime pay.
]]> What happens if your employer misclassifies you?If you suspect your employer misclassified you, your first step may be to talk to your boss. He or she may recognize that an error occurred and correct it. If this happens, you should also receive back pay for any overtime hours that you weren't paid for while you were incorrectly classified as exempt.
If your employer refuses to give you back pay for any overtime you worked, you may file a complaint. You may also do so if your employer refuses to reclassify you as non-exempt when the evidence supports it. Involving a state or federal agency could result in your employer also having to pay fees and penalties in addition to the money owed to you.
What happens if your employer fails to comply with the FLSA?
If your employer continues to refuse to reclassify you and fails to pay you any back overtime owed, you may need to take further action. Before trying to handle these things alone, talk to an attorney who is familiar with federal and Texas employment laws. A successful claim for unpaid overtime may require documentation you don't currently have access to, and an employment lawyer can investigate your case and help you secure a positive outcome.
In addition, some employers retaliate against employees for making complaints, and sometimes employees are harassed, passed over for promotions, and even demoted or fired due to legal actions by the employees. You should know that federal and state laws prohibit workplace retaliation, and you do not have to put up with these types of behaviors.
As you work toward receiving the overtime pay to which you are entitled, you may also need to deal with claims for retaliation, harassment and possibly even wrongful termination. Before taking any such steps, you can clarify your situation by speaking with a Texas employment law attorney who can advise you of your rights, verify your employment status and guide you through the complaint process.
]]>The lawsuit alleges that Oracle systematically paid its female employees lower wages than their male counterparts even though they performed equal or similar work. The lawsuit also referenced the lawsuit filed against Oracle by the U.S. Department of Labor after the agency reportedly found a pay disparity between female and male employees and discrimination against women in the workplace. Due to the fact that Oracle is required to maintain records of wage rates for all employees located in California, the company should have been aware of the pay disparity.
]]> The three former employees were seeking the wages they were owed, plus interest and liquidated damages. Further, they want the company to fix the pay disparity and guarantee that female employees will not be paid less than male employees for similar work in the future.Although discrimination based on gender is against the law, some companies still attempt to pay some workers less than others. Pay discrimination could result in some workers not being paid the overtime they are owed or be misclassified by the employer. An employee rights attorney could gather evidence that demonstrates that the company systematically underpaid workers or did not pay their workers equally due to discrimination. In many cases, the attorney could seek compensation for lost income.
Source: Tech Crunch, "Former Oracle employees sue company for alleged pay discrimination", Megan Dickey, Sept. 29, 2017
]]>Sexual harassment coming from customers or clients may be more common in some industries than others. For example, those who work in the service industry may be more likely to experience harassment from customers simply because they are required to work face-to-face with them. In the study, 2.4 percent of Danish employees who responded said they were exposed to sexual harassment from customers or clients, while 1 percent were exposed to sexual harassment from colleagues.
]]> Many workers who work in certain industries, such as in social work or medicine, may believe that sexual harassment from clients is just part of the job. However, this is not the case. If an employer is aware that a worker is being sexually harassed by a client but does nothing about it, that employer may be contributing to the problem. Even so, many employees are still hesitant to report sexual harassment to their employer as they may believe that they will either be punished or not believed.When workers are not protected against sexual harassment from clients, their performances may suffer. They could also potentially lose out on promotions and other advancement opportunities especially if the employer punishes workers for reporting the incidents. An employee rights attorney may investigate the claims and may assist with seeking compensation for income the workers were unable to earn. The attorney may use incident reports, emails and texts that demonstrate that sexual harassment was occurring and that the employer was aware of it.
]]>A meta study conducted by university researchers that reviewed 28 field studies going back to 1989 showed that employers called white job applicants for interviews 36 percent more often than black applicants. Employers favored white job seekers with callbacks 24 percent more often than Latinos who applied for jobs. The researchers concluded that in 25 years, blacks had experienced no improvements in racial discrimination although Latinos had made some gains at the point of hire.
]]> The apparent hiring discrimination limits job opportunities for members of these races. People have a lower chance of finding an ideal job in their area when their choices are limited by discrimination. The reduced pool of available jobs likely undermines the bargaining power of black or Latino candidates to negotiate better salaries.A person who has questions about racial discrimination could ask an attorney for advice. An attorney could inform an employer about best practices for avoiding discrimination claims. An employee impacted by hiring discrimination, on-the-job harassment or wrongful termination could also seek legal help. An attorney could evaluate the evidence to see if laws were violated. When appropriate, an attorney could initiate a legal claim against an employer and pursue damages, such as lost pay and benefits.
]]>You may also need to proactively protect your trademark. Otherwise, your business could be exposed to reputation damage, among other losses such as diluting the power of your mark. If you believe someone has infringed upon your trademark, or if you have been falsely accused of infringement, you should waste no time in taking legal action to right the wrong.
]]> Fighting against trademark infringementTrademark infringement happens more often than you might think. Following are some steps you can take to protect your trademark or servicemark:
In many cases, it is appropriate to seek damages for losses resulting from trademark infringement. For more on these matters, please see Sturm Law PLLC's overview of trademark law. We advise and represent business clients in Houston.
]]>As companies increasingly outsource work, the line between contractor and employee may not be as bright as it once was. For instance, Uber and Lyft classify their drivers as independent contractors despite the fact that their workers insist that they are employees. The basis for their claim lies mostly in their working conditions. Employers should be wary of incorrectly classifying their workers as doing so could result in large financial penalties.
]]> Many lawsuits related to this issue have been filed in California, and Lyft paid a $27 million settlement in a case brought by 95,000 drivers. A $100 million settlement proposed by Uber was rejected by a North Carolina judge, and its drivers are now able to proceed with their own class action suit. As a general rule, a worker is an employee if he or she works more than 1,000 hours for a company in a given year or cedes control of working conditions to a company.If an employee is incorrectly classified as an independent contractor, he or she may be entitled to overtime pay and other financial relief. If a worker who may have been an employee was denied benefits because of an incorrect classification, that person may be entitled to the monetary value of lost benefits. Depending on the circumstances of a case, it may be resolved through informal negotiations instead of a trial.
]]>Under the new rule, workers who made less than $47,000 per year would be eligible for overtime compensation for the hours that they worked in excess of 40 in a week even if they were salaried employees. Twenty-one states filed lawsuits against the federal government to try to prevent the rule from being enacted. The federal judge in Texas agreed with the states that the threshold was set too high and would result in many management employees being eligible for overtime pay.
]]> According to the court, the determination of overtime eligibility should depend on an examination of the duties and of the salary levels of workers. The court did clarify that the Department of Labor had the ability to utilize a salary threshold, however. The rule was opposed by multiple business organizations while numerous labor organizations supported it.Non-exempt employees are eligible to receive overtime pay for all of the hours that they work in excess of 40 in a week. Some employers categorize workers incorrectly as management or administrative employees whose job duties do not meet the requirements for them to be considered to be exempt. Workers who believe that they should be eligible for overtime compensation might want to consult with an experienced employment law attorney. If the employee should have received overtime pay, the attorney may advocate for the client to receive the owed compensation.
]]>The same is true for a business partnership. When you are like-minded and focused on the same priorities, your business may thrive and grow. When methods or philosophies clash, your business may suffer. So how do you reduce the chances of losing in the three-legged race of your life?
]]> A thorough partnership agreementBefore you strapped your leg to your partner's, you may have whispered a quick strategy, deciding which leg to start with and how to maintain your balance. You may have scouted your competition and planned a way to defeat your most worthy opponent. You can use the same strategy for your business partnership. By creating a partnership agreement, you and your partner may be able to mitigate some of the most troublesome issues of sharing a business. For example:
In addition to these, business advisers strongly recommend including a non-compete clause in your partnership agreement in case one partner decides to leave your company and start a new one, taking along your trade secrets and clients.
Perhaps the first true test of your ability to communicate and cooperate with your partner will be the drafting of your partnership agreement since open and frank communication is often the key to any successful relationship. For assistance in covering the essential factors in a valid and complete partnership agreement, the advice of a Texas business attorney may prove invaluable. A partnership protected by a carefully drafted contract may provide the advantage you need to cross the finish line to a successful business venture.
]]>To enable people to report violations, OSHA has announced an update to the agency's online complaint form. Users have a choice of filling out the form in English or Spanish, and workers will have an opportunity to report any retaliation that they have already experienced. Allegations about retaliation need to be reported within 30 to 180 days of an incident.
]]> The form guides a worker through a range of questions. The system displays pop-up windows to provide extra information about the other federal agencies that might also respond to the complaint. The passage of the Occupational Safety and Health Act of 1970 established whistleblower protections, and the U.S. Congress has expanded the scope of the law over the years to address the needs of specific industries like public transportation, nuclear power and airlines.Someone who has complained about working conditions and then suffered retaliation could consult an attorney about employee rights. An attorney might recommend a lawsuit against the employer to recover damages from a wrongful termination or demotion. After reviewing the details of the case, an attorney could cite the laws that the employer violated within court filings. A settlement for such a case might include compensation for lost pay and benefits, reinstatement to a position or punitive damages.
]]>Unfortunately, employees in Texas find themselves being treated differently because they filed a complaint or because they took time off from work, among other reasons. Make no mistake, though: workplace retaliation is illegal. If you experienced this at work, you have the right fight back by taking legal action.
]]> How were you retaliated against?There are many types of behaviors that could fall into the category of workplace retaliation. It is illegal for employers or managers to retaliate against employees for exercising their rights in any of the following ways:
You may not even be certain that what you are experiencing is actually retaliation. Perhaps your employer demoted you, removed you from your position, fired you or treated you unfairly after you reported harassment or other inappropriate things. This is retaliatory action, and it is illegal.
It is frustrating and overwhelming to experience negative treatment for doing the right thing. If you believe that you were the victim of retaliation, talk to an experienced employment lawyer about resolving the issue.
Holding your employer accountable
You have the right to a workplace that is free from harassment, discrimination and other inappropriate treatment. If you experienced retaliation or lost your job after reporting wrongdoing or something that could portray your employer in a negative light, you have the right to pursue compensation for what you experienced.
If you are unsure of what you should do next, speak with an employment law attorney and learn more about your options.
]]>Generally, the fact that an employer knew that work was performed is enough to obligate it to pay overtime regardless of its stated policy. This was put to the test in a case involving the city of Chicago and the Chicago Police Department's Bureau of Organized Crime. Members of the bureau contended in a lawsuit that there was an unwritten overtime policy when it came to work done on a Blackberry issued by the city. The plaintiffs contend that the unwritten rules discouraged workers from asking for overtime pay.
]]> However, the 7th Circuit found that since there was a written overtime policy, there was a method for workers to apply for overtime pay. The court also determined that any unwritten policy that may have been used did not have a sufficiently chilling effect on an employee's ability to file for overtime.If an employer fails to provide overtime pay, it may be possible to take legal action against the employer. In some cases, this may mean pursuing a settlement with the help of an attorney. It may also mean going through a formal trial and asking a jury to rule on the matter. If successful, an individual may be entitled to the amount of overtime pay owed plus other applicable damages.
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