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February 2015 Archives

Oil and Gas Industry Suspicious Wage and Hour Practices

The oil and gas industry has been the target of investigations recently into the practices of energy companies who have suspicious wage and hour practices. These practices include the improper classification of employees as independent contractors or as exempt from overtime requirements. For example, recent investigations into Shell Oil Co. ("Shell") and Motiva Enterprises, LLC ("Motiva") resulted in a $4 million settlement because more than 2,000 employees did not receive overtime pay for mandatory pre-shift meetings. Similarly, Appalachian Oilfield Services agreed to pay $129,802 to equipment operators who were paid a flat day rate for a 12 hour shift. Any company that violates the Fair Labor Standards Act ("FLSA") may be liable for back pay for two to three years, liquidated damages, and attorney's fees and costs.

Walmart accused of violating the Americans with Disabilities Act

Most employees are blessed with good health, but as they age, illnesses and conditions can occur. This does not make the workers any less valuable, but it may require them to have reasonable accommodations to continue performing their jobs. If employees feel that they have been discriminated against due to their disabilities, they may believe that the company is in violation of the Americans with Disabilities Act and seek legal assistance to pursue justice. A woman who worked for a Texas Walmart recently claimed that is what happened to her.

Papa John's paga casi $800,000 en horas extras debidas a empleados

En la ciudad de Nueva York, un juez encontró que habian empleados supuestamente mal pagados de Papa John's y no pagaban las horas extras. Una franquicia de la ciudad de Nueva York, Emstar Pizza, Inc., que posee siete franquicias, se le ordenó pagar $ 789,507.06 en salarios no pagados, daños , intereses y otros costos a sus trabajadores. La demanda alega que la franquicia estaba reportando menos horas trabajadas por sus empleados durante los últimos seis años y había estado redondeado horas hacia abajo, de esa manera no pagar las horas extra.

Papa Johns pays nearly $800K in overtime wages to employees

In New York City, a judge found that a Papa Johns franchisee underpaid employees and did not pay overtime. A New York City franchise, Emstar Pizza, Inc., who owns seven Papa Johns franchises, was ordered to pay $789,507.06 in unpaid wages, damages, interest and other costs to their workers. The suit alleged that the franchise had been underreporting hours worked by their employees over the past six years and had been rounding down hours to the nearest whole hour as well as not paying any overtime.

Woman asks $16 million for discrimination and harassment claims

It is expected that all workers are to be treated equally and with respect, regardless of their genders. Additionally, all qualified applicants should have the same shot at achieving promotions or increases in pay. Sadly, even today, unfair treatment is still happening in the workplace and most employees are afraid to speak out for fear of retaliation or being subjected to a hostile work environment. Workers in Texas and elsewhere should not be afraid to voice their concerns about disparate treatment that could be based upon discrimination.

6 women claim they were victims of workplace discrimination

Many people work hard to hold onto their jobs, especially during a time when layoffs are common. Based on company policies, there are many justifiable reasons that Texas workers may get fired. There are other reasons, however, that are against the law. That includes firing employees based upon workplace discrimination. The ousted workers may choose to fight back to be returned to work to support their families and seek financial relief in the form of a monetary judgment..

Kmart settles for $102K for denying a reasonable accommodation

The Americans with Disabilities Act (ADA) protects disabled employees so that they have the same opportunities as those who are not disabled. The ADA also requires Texas employers to provide a reasonable accommodation to applicants who need them during the application and hiring process due to disabilities that are covered under the act. Companies that knowingly do not work within the confines of the law and choose not to accommodate applicants who are disabled may face legal backlash.

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Warren & Siurek, L.L.P.
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Houston, TX 77098

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