Texas Employment Legal Questions

Private employers (as opposed to government employers) who engage interstate commerce (that is just about everyone) must pay their non-exempt employees 1.5 times their regular hourly rate for each hour worked by that employee over 40 hours in a given workweek.  Pay means pay, not give an employee an IOU and place (or fail to place) the overtime pay into some account to pay out later.  An employee may make a claim for unpaid overtime for up to 2 years back overtime pay if the failure to pay was an accident and up to three years back overtime pay if the failure on the part of the employer was intentional. The look-back period begins when you make the claim.  It is not dependent on when you left employment.  Example:  Employee works for company from January 1 2008 to September 30, 2012.  Employer should have, but does not pay Employee overtime.  Employee leaves the company and figures out on January 24, 2013, that he should have been paid overtime.  Employee finds a labor attorney and files suit the next day - January 25, 2013.  Employee can collect all overtime that should have been paid to him from January 25, 2011 (2 years before he filed suit) to September 30, 2012, the date he left the company, unless it appears that the employer intentionally failed to pay overtime, in which case employee can collect overtime pay from January 25, 2010 (3 years before he filed suit) to the time he left the company.  The employee cannot collect any overtime pay that was due before the applicable cut-off date. If your husband is owed overtime from more than 2 years ago, don't delay in asserting your claim, as every day of delay is a day's worth of overtime lost forever. In addition to the back overtime pay owed, the employer might also be liable for an additional amount in the same amount of the unpaid overtime wages.  In other words the employee might collect twice what he is owed, plus attorneys fees.  If the employer did this to all or a large number of its employees, they can join together and recover their losses. Two options.  1) Find a local labor and employment attorney (best bet is to look in your yellow pages for Board Certified Labor and Employment attorneys)  - be sure to ask if they represent employees before you tell them anything about your case. OR 2) Contact the local office of the US Department of Labor - Wage & Hour Division.  www.dol.gov/whd/america2.htm#Texas Best of luck.    ... Read More

Based on what you stated, you have no remedy for this treatment, even if you are being treated differently. This is entirely within the whim and discretion of the employer under EMPLOYMENT AT WILL. Georgia recognizes the doctrine of employment at will. Employment at will means that in the absence of a written contract of employment for a defined duration, an employer can terminate an employee for good cause, bad cause, a mistaken cause, or no cause at all, so long as it is not an illegal cause. Illegal causes are limited to the EEOC/Discrimination grounds: Race, Age, Sex, National Origin, Religion, Handicap: If it is not on that list, it is not protected in GA.... Read More

There is no black and white answer to this question.  In general, an employee (other than a public employee) has no right to view or copy the contents of his personnel file.  You could hire an attorney to write a letter demanding a copy of the document.  The company could also ignore that letter without any legal consequences. However, the employer is more likely to hand that letter to its own lawyer who, if he or she is any good, will tell them to produce the document to you, just to avoid the potential fight. Otherwise, your options are not very economical and generally involve court proceedings and subpoenas. Try the letter route first and see what happens.  Check your local yellow pages for an attorney who is Board Certified in Labor & Employment Law.  You should expect to pay between $300 and $500 for the consultation and the letter.  Best of Luck... Read More

Under the Texas Payday Act an employer must pay its employees their final check within 7 days of termination, if the termination was involuntary, or on the next regular pay date, if the termination was voluntary.  The Labor Law Department of the Texas Workforce Commission 800-832-9243 will provide you with a form complaint and will collect the wages without charge. Best of luck.... Read More

Two potential problems are raised by this question. Under the Texas PayDay Act, Employers can only deduct taxes and court ordered child support from an employee's paycheck unless the employer has the employee's written specific authorization to do do.  The Texas Workforce Commission - Labor Law Department (different than the unemployment benefits folks) will provide employees with a form complaint (800-832-9243) and will process that complaint and collect the wages without charge. Under federal minimum wage law (most but not all employers are subject to this law), an employer cannot make deductions from a paycheck which will cause the employee's overall wage rate for the work week  to fall below federal minimum wage rate which is 7.25 per hour (this rate can be lower for tipped employees or for student workers).  Example: Employee earns $8.25 per hour and works 40 hours in a week - Employee's gross pay (before taxes) is $330.00.  Employer deducts $25.00 from the check for a lost tool or missing money.  The employee's gross pay drops to $305.00, which, divided by 40 hours, is $7.63 per hour.  In this example the deduction did not cause the wage rate to fall below $7.25 per hour, so there is no violation of federal minimum wage law caused by the deduction.  But if the employee was only making minimum wage,  the same deduction would cause the wage rate for that week to drop to $6.62, which is below the minimum wage rate required of most employers by law. Federal wage laws (minimum wage and overtime pay) are enforced (without charge) by the U.S. Department of Labor, Wage & Hour Division.  A list of their Texas field offices can be found at www.dol.gov/whd/america2.htm#texas. Private attorneys can also assist you with both of these issues, however, the amount deducted, either from your own check or combined with your co-workers, would probably need to be significant to justify the attorney's fees or to justify an attorney taking your case on a contingent fee basis.  If you decide to go that route, look in your yellow pages for an attorney who is Board Certified in Labor & Employment Law by the Texas Board of Legal Specialization. Best of luck.  ... Read More

The employer has all the 'rights' here. If the employer no longer requires your services, you can be released. California is an 'at-will employment' state; your employment can be terminated at the employer's will. You might speak with an employment law specialist to see if somehow there is an 'implied' contract of employment, but I'm not seeing any 'sacrifice' (consideration) on your part to stay on this job for in exchange for know you would stay in a certain department. Try submitting to the Dept. of Fair Employment & Housing, but i'm 90% certain you'll get politely rejected with a 'right to sue' letter. I don't believe a gall bladder attack, surgery and recovery rises to the level of a 'permanent disability' under the Americans With Disabilities Act. I would focus 110% of my energy on securing a new post at another hospital, given it appears your supervisor can and will 'paper' you until you are dismissed 'for cause' (leaving you unable to get Unemployment INsurance). It's 100% easier to get a job when you still have a job.... Read More

First, it depends on what agreement you may have signed without realizing it. It is common for employees to sign such an agreement when they do their hire paperwork or a subsequent agreement with HR without realizing it. If this happened then yes, if no agreement was ever signed then no they can't. But it sounds like you weren't harmed as this was a year and a half ago and you are still employed.... Read More