Texas Workforce Commission is supposed to enforce the Texas statutes regarding wages. TWC provides a helpful summary of the Texas Pay Day statute. See the TWC summary here. But, their summary does not answer one frequently asked question, when must an employer pay the last paycheck? I am asked this often, since many employers
Meal Breaks Must Be Free of All Work Duties
“You get a rest break every four hours,” the seasoned warehouseman told me back in the 1970’s. He knew everything. I just assumed he was right about this, too. But, since then, I have never seen anything in law or regulation stating that workers were entitled to a 15 minute break every 4 hours. But,
Lady Gaga Settles Lawsuit
I previously wrote here about the lawsuit against Lady Gaga for overtime pay. Lady G did not do well in her deposition. Now, the federal district court denied her ladyship’s motion for summary judgment (or some motion like that). See New York Post report. So, Lady G settled. That is wise. She would not
Reasons For Gov. Perry’s Veto Emerge
So, the proposed bill vetoed by Gov. Perry was the subject of lobbying efforts by some retailers. The bill, passed in both houses of the Legislature, would have allowed women and others to file suit when they learn of pay discrimination. Now, they must file suit even though they may not learn of a pay
To Be Or Not To Be An Independent Contractor
A frequent question arises regarding when an employee is an independent contractor and when is he just a regular employee. Many employers have moved to using independent contractors instead of employees. The status of independent contractor can save the employer significant amounts of money in employment taxes, social security payments, etc.
But, the IRS understands that employers
GAO Finds That Wage and Hour Division Provides Poor Service
The nonpartisan Government Accountability Office looked into the Wage and Hour Division. Wage and Hour is the division of the Department of Labor that investigates violations of the Fair Labor Standards Act. When your employer fails to pay you your wages, you can file a claim with Wage and Hour Division. Unofrtumnately, GAO found wage
Internship Class Action Settles for $250,000
Internships are offered as a way to gain experience. But, often the only persons who can afford to accept an internship are children of families who can support the worker. Apparently, some internships are nothing more than a way to avoid paying minimum wages. The Charley Rose Show, seen on PBS, has agreed to settle
Some Employees Can Settle Wage Claims Privately
Defense lawyers are welcoming the decision in Martin v. Spring Break Productions, LLC, No. 30671 (5th Cir. 6/24/12). The decision, says Mike Maslanka and Russ Cawyer, allows an individual claimant to settle his/her FLSA claim. Until this decision was issued, the most common belief that an individual employee could settle a wage claim only
San Antonio Federal Jury Awards $29,500
We always hear about the million dollar judgment in an employment case. But, in reality, far more cases result in $30,000 judgments or less. This is especially true in federal court. In the case of Barney v. Hill Country Shooting Sports Center, No. SA-11-CV-268, a jury found in favor of the plaintiff regarding her
Wash Tub Agrees to Pay DOL $246,438
The San Antonio chain of car washes, known as the "Wash Tub," has agreed with the Department of Labor to pay $246,438 in back wages. The chain deducted so many items from some workers’ checks that their wages came to less than minimum wage. They failed to pay overtime wages and failed to record time