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wage & hour law Archives

Restaurant workers claim link between low wages, harassment

On Feb. 13, workers in seven cities lobbied for higher wages for restaurant workers on the grounds that this would reduce incidents of sexual harassment in their workplaces. According to the president of the Restaurant Opportunities Centers United, the federal minimum wage of $2.13 per hour combined with workers' dependence on tips leaves them more vulnerable to harassment from both customers and other workers. Texas is one of the states in which this remains the minimum wage for restaurant workers.

Former Vice employee files lawsuit

Generally speaking, Texas employers must pay workers equally for doing equal work. Vice Media, the national digital media giant, is facing a lawsuit from a former employee who claims that the company consistently paid female workers less than male workers. The suit also claims that these actions violated the Federal Equal Pay Act and similar laws in New York and California. The woman worked as a manager for the company for 12 years until 2016.

3 examples of wage and hour violations

You work hard in order to obtain a living wage. The money you make undoubtedly goes toward making many necessary purchases to meet your daily needs and the needs of your family. Though you may not work in your ideal profession, you probably still appreciate the paycheck that you receive. Unfortunately, you may notice that your paychecks are not always correct.

Wage theft in Texas

Laws regarding overtime pay are more complex than they might appear. The first step in examining a question concerning overtime is determining whether the worker is exempt or non-exempt. An employee is deemed "exempt" when they are excluded from receiving overtime pay for working in excess of 40 hours per week. In other words, they are "exempt" from the rules of the Fair Labor Standards Act. A worker who is required to get overtime pay for working more than 40 hours per week is not exempt from the FLSA.

Restaurant servers fear theft of tips under proposed regulations

Existing wage regulations set by the U.S. Department of Labor allow servers in Texas restaurants to keep their tips and bar management from requiring tip sharing with kitchen staff. If a proposed change to the regulation becomes official, then restaurant owners will gain the ability to pool tips and distribute them between servers and cooks. Although some people in the food industry accept that this change could ease income disparity between front and back workers, the regulations as proposed leave open the possibility that management could keep the tip money.

Female former employees sue Oracle for wage disparity

On Sept. 29, it was reported that three former Oracle employees, all female, filed a lawsuit against the company for pay discrimination. The lawsuit, which was seeking class-action status in order to represent all female employees at Oracle, was filed on Aug. 28. The company has locations in Texas.

The difference between gig worker and employee

There is a significant difference between Texas workers who are labeled as independent contractors as opposed to employees. Independent contractors are generally responsible for paying their own taxes and finding their own insurance. They may also be required to take steps on their own to obtain payment for services rendered. However, unlike most employees, they are generally allowed to choose when and how they work.

Overtime rule blocked by federal judge in Texas

The salary threshold for overtime pay has not been changed since 2004. It remained at $23,660 for overtime eligibility. President Obama's administration passed a new regulation that would have doubled the salary threshold to $47,000, making many more workers eligible for overtime pay. That rule change has been blocked by a federal judge in Texas, however.

Rights of youthful workers under wage and hour laws

Teenagers and minors in Texas are protected under federal and state wage and hour laws. These laws establish a minimum wage for youth and establish standards for their working conditions in order to protect their health and safety. These laws are meant to also protect the educational opportunities that are available to young people.

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