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 ...
January 23, 2018DREW N. HERRMANN
**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 ...
January 4, 2018DREW N. HERRMANN
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, ...
December 14, 2017DREW N. HERRMANN
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 ...
November 29, 2017DREW N. HERRMANN
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 ...
October 10, 2017DREW N. HERRMANN
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 ...
September 8, 2017DREW N. HERRMANN
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 ...
September 5, 2017DREW N. HERRMANN
Retaliation: Is Your Employer a Bully? What is workplace retaliation? Unlawful workplace retaliation occurs when an employer takes an adverse action against an employee after an employee has engaged in a protected activity. It is a hapless situation when an employee is punished for doing the right thing. In Texas, to be ...
August 30, 2017DREW N. HERRMANN
Minimum Wage, Labor Law In a previous post, we discussed the potential need for an increase in the federal minimum wage. The issue is far from resolved, but there is one aspect that we did not really touch on in the previous blog. That topic revolves around whether an increase in ...
August 23, 2017DREW N. HERRMANN
Agreement Not-to-Compete? Is it Enforceable? What Now? What is a covenant not to compete? Covenants Not to Compete and Non-Solicitation Agreements are becoming increasingly common in Texas. A non-compete or non-solicitation agreement restricts an employee’s post-employment activities and are used to prevent an employee from working in the same trade or industry ...
August 21, 2017DREW N. HERRMANN