Texas Employment Law Update

Texas Employment Law Update

A Resource for Texas Employers

Tag Archives: wage and hour

Department of Labor Rolls Out Pilot Program for Employers to Correct Inadvertent Wage and Hour Violations

Posted in News & Commentary, Wage & Hour
One of the biggest criticisms I have of the FLSA is that it provides no safe harbor or protection for an employer, who having realized it made a wage and hour mistake, to voluntarily self-report and correct its mistake. Instead, it can encourage employers who learn of a potential FLSA violation that has not otherwise been… Continue Reading

12 Signs You May Have a Wage and Hour Problem (and Should Call an Employment Lawyer Now)

Posted in Human Resources, Wage & Hour
There has been an explosion of wage and hour collective actions failed against Texas employers in the last five years.  This has been particularly prevalent in the oil field services sector.  If you are a Texas employer, and using any of 12 pay practices below, you should consult with an employment lawyer to ensure you… Continue Reading

Don’t Forget to Consider Whether Year-End Bonuses Trigger Overtime Adjustments

Posted in Wage & Hour
As we get to the end of the year, management committees and corporate boards are in the process of approving year-end bonuses for employees.  A frequently overlooked wage and hour mistake is failing to include non-discretionary bonuses in the regular rate of pay for non-exempt employees. In calculating the regular rate of pay on which… Continue Reading

Fifth Circuit Holds Employer’s Mandatory Travel Program Does Not Constitute Compensable Travel Time

Posted in Wage & Hour
Yesterday the Fifth Circuit Court of Appeals affirmed, a judgment for an employer who was sued by its employees for travel time that the employer did not include as working time.   Its a complicated set of facts and you can read Griffen v. S&B Engineers and Constructors, Ltd. here if you’re interested.  While most employers don’t have travel time issues nearly as… Continue Reading

A Non-Employment Case Important to Employment Lawyers

Posted in Arbitration, Case Summaries
In a non-employment case of significant importance to employers and employment lawyers, the U.S. Supreme Court held today that imposing class arbitration on parties who have not agreed to class arbitration is inconsistent with the Federal Arbitration Act and is therefore not permitted.  This case arose out of an MDL antitrust case alleging that certain competitors were engaged in a price-fixing… Continue Reading

Wage & Hour Division Concludes that Most Mortgage Loan Officers Do Not Qualify for Administrative Exemption

Posted in Wage & Hour
As I wrote yesterday, the Wage & Hour Division of the U.S. Department of Labor has ceased issuing detailed, fact-specific opinion letters.  In the first of the Administrative Interpretations the Division will issue in lieu of opinion letters, the Division has concluded that most mortgage loan officers will not qualify for the administrative exemption to the… Continue Reading

Wage and Hour Division Changes How it Gives Guidance

Posted in Wage & Hour
The U.S. Department of Labor’s Wage & Hour Division announced it will no longer issue fact-specific definitive opinion letters in response to questions submitted by individuals and organizations.  According to the Division, its opinion letters provide only limited guidance to broad categories of employers and employees where slight factual differences in the facts assumed in the letter could result in… Continue Reading

U.S. Department of Labor Guidance on Furloughs

Posted in Furloughs, Wage & Hour
The U.S. Department of Labor recently issued guidance via answers to some Frequently Asked Questions regarding work furloughs.  The FAQs can be found here.  I’ve previously written on employer use of furloughs.  You can read that post here. Richard Tuschman at the Florida Employment and Immigration Law Blog also has a good post on furloughs that explains some of the potential… Continue Reading

DOL Announces Intent to Hire 250 Additional Wage & Hour Investigators

Posted in Wage & Hour
Following a GAO report that concluded that the Department of Labor inadequately investigated complaints from low-wage and minimum wage workers who claimed that their employers failed to pay the federal minimum wage, required overtime, and failed to pay employees their last paycheck the DOL has reacted.  This week, Secretary of Labor Hilda Solis  announced that the DOL… Continue Reading