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
Answers to Common Employment Law Questions
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
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
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
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
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
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
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 ... Read More
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
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 ... Read More