March 2015 Archives

Veteran claims his service dog was permissible under the ADA

Many brave men and women fight daily to keep our country free. When these veterans return, it can be difficult for them to assimilate back into the workforce. Some Texas veterans may require reasonable accommodations to accomplish the adjustment back to civilian life. Companies that deny requests for necessary accommodations may be found in violation of the Americans with Disabilities Act (ADA).

Security guards win over $300k for unpaid overtime hours

Working additional hours is a great way for workers to make some extra money to support their families. This time can add up to a significant amount in additional wages when the hours are considered overtime hours. As a way to cut corners, some Texas companies may employ deceitful practices in attempts to avoid paying their workers the money that they deserve.

Clasificación erronea de empleados como "contratistas independientes"

La clasificación errónea de los empleados como "contratistas independientes" se ha convertido en un lugar común en la industria de la construcción. Sólo en el 2013, la Comisión de la Fuerza Laboral de Texas encontró que más de 60,000 trabajadores fueron clasificados erróneamente como contratistas independientes. Etiquetado de un empleado como contratista independiente permite que los empleadores eviten el pago de impuestos de los empleados y el seguro de compensación al trabajador, así como la supervisión de OSHA. Sin embargo, quizás lo más costoso para los trabajadores, es la clasificación errónea deliberada de los empleados como contratistas independientes con el fin de evitar la compensación salarial y la compensación de horas extra. Si usted ha sido clasificado como un contratista independiente, especialmente si usted trabaja en la industria de la construcción, sería una buena idea para que su clasificación sea revisada por un abogado. Si usted ha sido mal clasificado, usted puede tener derecho a cobrar la indemnización de horas extras no antes pagadas.

Misclassification of employees as "independent contractors"

The misclassification of employees as "independent contractors" has become commonplace in the construction industry. In 2013 alone, the Texas Workforce Commission found that more than 60,000 workers had been misclassified as independent contractors. Labeling an employee as an independent contractor allows employers to avoid the payment of employee taxes and workers' compensation insurance as well as OSHA oversight. However, perhaps most costly to workers, is the deliberate misclassification of employees as independent contractors in order to avoid the minimum wage and overtime compensation. If you have been classified as an independent contractor, especially if you work in the construction industry, it would be a good idea to have your classification reviewed by a lawyer. If you have been misclassified, you may be entitled to collect unpaid overtime compensation.

Worker alleges violation of the Americans with Disabilities Act

Many workers are blessed with being healthy for most of their lives, but sometimes things can change without notice. There are many cases in which Texas employees do not manifest symptoms of an illness until they are adults. A man who worked for Grayson County alleges in a federal court proceeding that he lost his job without any proof of the allegations against him. He believes that the reason for his dismissal was because of his health diagnosis and that the company is in violation of the Americans with Disabilities Act.

Woman claims she suffered harassment due to gender and race

Despite all of the federal and state employment laws in place, discrimination can still occur. Every day in Texas and elsewhere, employees are subjected to hostile work environments and fear retaliation or harassment for reporting illegal activities. A woman who worked for Aaron's is claiming that she was discriminated against because of her gender and race.

Texas neurosurgeon accused of sexual harassment by female worker

A woman who worked for a clinic is claiming that she was forced to resign from her position due to a hostile work environment. The former administrator worked for a Texas neurosurgeon, and she is accusing him of sexual harassment. She claims that she endured being pressured about her personal life and sexual activity as well as a barrage of inappropriate text messages and inappropriate comments.

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Warren & Siurek, L.L.P.
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