Category: Employment Law

Employment Law Articles

Sexual harassment, wrongful termination, retaliation, employment contracts, severance agreements, wage and hour issues, unpaid wages, unpaid overtime, unpaid pay, discrimination, age discrimination, race discrimination, sex discrimination, hostile work environment, unpaid tips, unpaid commissions, unpaid severance, salary-exempt, no overtime pay, wage lawyer,

Overtime Exemptions

23

Jan2018
Overtime Exemption: Motor Carrier Act Under federal law, all employees are entitled to overtime pay unless exempt. We have previously covered some of the more commonly used overtime exemptions (article: Administrative Overtime Exemption; various overtime exemptions). In this article we are going to cover the commonly misapplied overtime exemption known ... Read More
January 23, 2018DREW N. HERRMANN
Illegal Tip Pool

04

Jan2018
**Warning:  If you are paid a direct wage of less than $7.25 per hour (i.e. as little as $2.13/hour) the new regulation discussed in this article does NOT apply to you – your employer cannot take your tips, deduct from your tips, require you to share tips in ... Read More
January 4, 2018DREW N. HERRMANN
Tip Laws

14

Dec2017
You may have heard that Trump’s Secretary of Labor has proposed a new regulation concerning the tip pool laws. Lots of commentary has been written concerning the new proposed regulation. With that comes the fake news; I have read several misleading headlines regarding the interpretation of the new regulation. Specifically, ... Read More
December 14, 2017DREW N. HERRMANN
Restaurant Tipping

29

Nov2017
Who gets my Tip? Tips on Restaurant Tipping Have you ever wondered if your waiter or waitress actually gets to keep the tip you gave? Rightfully so, many patrons assume that your waiter or waitress gets to keep the full amount of the tip; after all, federal law says that ... Read More
November 29, 2017DREW N. HERRMANN
Overtime Lawyers Texas

15

Nov2017
One of the most commonly misapplied exemptions from overtime is the Administrative Exemption. In my experience, lots of employers wrongly assume that their employees are exempt from overtime just because they pay them a salary or other non-hourly rate of pay. Overtime is more than just about being paid a ... Read More
November 15, 2017DREW N. HERRMANN
Overtime Work

31

Oct2017
Overused Overtime Exemptions Employers often attempt to illegally cloak their employees with overtime exemptions to avoid paying overtime in accordance with federal law. The most common overtime exemptions used by employers are the Executive Exemption and Administrative Exemption. This article will give a broad overview of the Executive Exemption and ... Read More
October 31, 2017DREW N. HERRMANN
Overtime Pay Nursing Facilities

19

Oct2017
Overtime Pay for Employees Working in Retirement Communities Too frequently we see Texas employers failing to pay caregivers, med techs, and other employees working in retirement communities overtime and the wages they are owed as mandated by federal wage laws (i.e. the Fair Labor Standards Act). The work of a caregiver ... Read More
October 19, 2017DREW N. HERRMANN
Wrongful Termination

10

Oct2017
Wrongful Termination: Illegal Termination I often say that employment at-will is a misnomer; it should really be right-to-fire. The majority of states (including Texas) are employment at-will, meaning your employer can fire you for any reason whatsoever as long as it’s not an illegal reason. The next logical ... Read More
October 10, 2017DREW N. HERRMANN
Overtime Law for Commission

08

Sep2017
This post is a part two to a previous post we did for employees in sales known as the overtime exemption for outside sales employees. In this blog, I am going to look at another common overtime exemption for employees working in sales called the Commissioned Sales Employee ... Read More
September 8, 2017DREW N. HERRMANN
Overtime Law Exemptions

05

Sep2017
The Fair Labor Standards Act (“FLSA”) overtime law requires employees to receive overtime pay for hours over forty (40) in week, unless the employee is “exempt” from overtime. Generally, an employee is entitled to receive overtime (even if paid a salary or commission basis), and if the ... Read More
September 5, 2017DREW N. HERRMANN