Category: Wage Law

Wage Law Articles

Unpaid wages, unpaid tips, tip credit, waiter pay, tip and gratuity violations, waiter rights, pay stubs, time records, minimum wage, training time, unpaid gratuities, stealing tips, stolen tips, stealing gratuities, Texas wage laws, minimum wage in Texas, employee payment laws, wage increase, paycheck deduction, for minimum wage, min wage, wage hour, FLSA, wages, wage attorney, wage lawyer, wages minimum, employee payment laws, federal wages, wage law, minimum, wage law, minimum pay, paycheck deductions, payroll deductions, wages

Overtime Exemptions


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


**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


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


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


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


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


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
Wage Lawyers


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 ... Read More
August 23, 2017DREW N. HERRMANN


Minimum Wage The federal minimum was raised most recently on July 24, 2009. At eight years ago, that seems to be a little too far gone to be of much help to the average American citizen in this economy of ever-increasing expenses. While Congress is currently more focused on health care and ... Read More
August 17, 2017DREW N. HERRMANN
Tired Native American restaurant owner at counter


This article was originally posted by Drew N. Herrmann for the Bitchy Waiter.  A server’s Duties before, during, and after work Warning, you should not work for free (or almost free)! It may seem preposterous to think that a business could inspire you to work for nothing, yet free ... Read More
August 15, 2017DREW N. HERRMANN