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January 2015 Archives

US Department of Labor files lawsuit alleging incorrect classification of employees as salaried workers

In December 2014, a lawsuit was filed by the U.S. Department of Labor alleging that Bharat I. Patel failed to pay 192 workers minimum wage and/or overtime at 13 different hotels. The suit alleges that Patel violated the Fair Labor Standards Act by classifying workers as exempt salaried employees. Some employers incorrectly classify their workers as exempt salaried employees to avoid overtime pay. While many employees are in bona fide executive, administrative, professional and outside sales positions, there are several qualifications that must be met in order for the exemptions to apply. An improper classification allows employees to be paid straight time for all hours worked rather than the required overtime rate of one and one-half times their hourly rate of pay. In this case, an investigation by the U.S. Department of Labor found that approximately $200,000 in back wages, along with liquidated damages are owed to the hotel employees. If you are a salaried employee, you should consult with an attorney to see if your job meets the criteria for exemption or whether you may be owed overtime pay.

Hooters servers claim they were denied overtime pay and wages

Working in restaurants can be a very strenuous job that requires employees to heavily rely on tips received from customers to make a living. Without these tips, Texas servers are generally paid a very low rate per hour, which is well below the standard minimum wage. When workers are not doing tip-producing work, they expect to be paid at the standard minimum wage to compensate for the difference resulting from not earning tips. Some companies may not pay their servers appropriately, which may result in those servers missing out on overtime pay and suffering lost wages.

Firefighters sue after claiming they did not receive overtime pay

The Fair Labor Standards Act ensure that employees receive proper compensation for the hours that they work. Texas workers who put in a large number of hours expect overtime to be paid accordingly. If employees notice that they are not receiving their overtime pay, report the matter and do not receive all of the money to which they believe they are entitled, they may choose to take the matter to court.

Revlon CEO accused of discrimination for his racist remarks

Every employee has the right to a pleasant environment in which to work. One would believe that that is the case in most Texas places of employment, but it is not always so. Some employees still feel that they are the victims of discrimination due to being subjected to hostile and racist remarks while at work.

Woman's reasonable accommodation results in disciplinary action

In order to perform optimally, many disabled employees with medical conditions may require some special needs. Texas employers that have workers with disabilities are required to provide a reasonable accommodation to assist them. If a worker is denied access to an accommodation or is disciplined for using it, there may be legal options to fight back.

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Warren & Siurek, L.L.P.
3334 Richmond Avenue, Suite 100
Houston, TX 77098

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