Commentary

The Fair Labor Standards Act (“FLSA”) provides that an employer who violates the FLSA shall be liable for unpaid overtime pay, plus an “additional equal amount as liquidated damages.” 29 U.S.C. § 216(b). Willfulness not necessary. Many attorneys mistakenly believe they must show a “willful” violation of the FLSA to recover liquidated damages. Courts award liquidated [...]

Category : Blog &Commentary

One of the most commonly litigated issues in employment law is whether an individual is an employee or an independent contractor. The distinction between employees and independent contractors is critical for several reasons. Most importantly, independent contractors do not enjoy the same state and federally-protected rights that employees are provided under Title VII of the [...]

Category : Blog &Commentary

There are many misconceptions about covenants not-to-compete under Texas law. I hear them often from clients and potential clients. I’m not sure if they get these misconceptions from the internet or co-workers. To the extent they come from the internet, consider this my effort to clean up the blogosphere a bit on this issue. Here [...]

Category : Blog &Commentary

The Fair Labor Standards Act (“FLSA”) provides that all non-exempt employees who work over 40 hours in a workweek are entitled to overtime pay at one-and-one-half times their regular hourly rate. 29 U.S.C. § 207. The FLSA also provides that all employees must be compensated a minimum hourly rate of at least $7.25 per hour. [...]

Category : Blog &Commentary

Generally, employment discrimination cases involve intentional acts on the part of an employer. Also called disparate treatment, when an employer wrongfully terminates, fails to hire, fails to promote, reduces hours, reduces pay or otherwise takes an adverse employment action against an employee based upon the employee’s race, color, religion, sex or national origin, the employer [...]

Category : Blog &Commentary

Passed in 1863, the False Claims Act (“FCA”), also known as the “Lincoln Law”–not to be confused with the Lincoln Lawyer, which was a fine movie starring Matthew McConaughey–provides a lucrative incentive for those who blow the whistle on companies who defraud the federal government. See 31 U.S.C. §§ 3729-33. What does the FCA prohibit? The [...]

Category : Blog &Commentary

Misconceptions about sexual harassment hostile work environment claims are common. Many believe one off-color joke or sexual remark in the workplace can constitute sexual harassment, while others (including some judges) believe the workplace must be permeated with harassment of a sexual nature to constitute sexual harassment. The truth lies more vaguely in between Sexual harassment [...]

Category : Blog &Commentary

I’ve consulted with a lot of employees over the years. I’ve consulted with employees who complained to their employers about discrimination, sexual harassment, disparate pay treatment, incompetent and abusive managers and hostile work environments. Sometimes complaining was the right thing to do; sometimes the complaint shouldn’t have been made. But the one complaint that you [...]

Category : Blog &Commentary

I often get asked by potential clients if it’s okay for them to record conversations at work to help prove their case. In Texas, recording is legal so long as one party to the conversation knows it’s being recorded. That means as long as you are a party to the conversation you can record it [...]

Category : Blog &Commentary

It’s obviously not a good thing to be the victim of retaliation. If you are, however, it may be helpful to know what factors make for a good retaliation claim, meaning one you are more likely to win. Here are some things to look for: 1. Temporal Proximity Between Protected Conduct and Termination. Courts look [...]

Category : Blog &Commentary