Texas Employment Legal Questions

Under the Texas Payday Act, which governs payments of wages to employees, an employer is not required to pay accrued and unused vacation, sick leave or PTO to departing employees unless it has a written policy stating that it will do so.  Your question states that the employer has no employee handbook, which is where such policies are typically found.  Unless there is some other written memo, policy or promise to pay such amounts, the employer is not required to do so.... Read More

You may have a claim for overtime under the Fair Labor Standards Act.  If you do, you could pursue that claim either through a private lawyer or through the US Department of Labor, Wage & Hour Division.  There is an office of that agency in every major city in Texas.  The DFW office is in Arlington. However, not all employers are subject to that federal law.  Texas does not have a state law governing overtime.  In order for an employer to be subject to the overtime requirements of the FLSA, it must have a gross income in excess of $300,000.00 per year and it must engage in interstate commerce or the employee must engage in interstate commerce.  Engaging in interstate commerce means buying or selling goods or services across state lines.  Almost all employers engage in interstate commerce on some level.  Can you tell me how many employees the company has and if you think it makes more than $300k per year and whether it does business in other states (even if it doesn't have an office in another state) or, if the company is a law firm, whether it represents out of state clients in Texas?... Read More

An employer is required to keep accurate records of all hours worked by hourly employees.  That an employee fails to accurately record his or her hours, does not relieve the employer of the duty to pay for the services rendered by the employee, if he is nontheless permitted or "suffered" to work.  If an employee fails on multiple occasions or refuses to adhere to the employer's time keeping methods, any form of discipline (suspension, days off, transfer, demotion and termination) is available to the employer to correct the situation.  However the employer does not get excused from his obligation to pay for all hours the employee actually worked. Note: the above speaks only to the general rule.  It is not legal advice for a particular situation.  There may be facts which, if known, would generate a different answer.  ... Read More

An employer is required to pay an employee for all hours it intstructed him to work and any hours it permitted him to work, even if the employee was not instructed to do so.  The answer to your question lies in whether or not the employee actually worked the hours he is claiming, regardless of whether or not they were accurately recorded on the time clock.  If he did the work, he is due the pay. Though the point is now moot because the employee has resigned, an employee who fails to adhere to the employer's instructions on accurately recording his time on the timeclock could be fired or otherwised disciplined, but he cannot be denied the pay (including any overtime pay) for the hours actually worked.... Read More

Many pregnant women, and other disabled workers have issues at work when they are issued restrictions by their doctor. While an employer as a duty of reasonable accommodation, there is often an issue over what's reasonable. At our office, we help workers navigate the minefield of doctor restrictions, job requirements and reasonable accommodation.... Read More

While Texas and most other states are "right to work" states and "at will" employment, if the employer has at least 15 employees, then there are many exceptions to those rules, mostly dealing with discrimination. You should make an appointment to see me so I can get all the details to evaluate your legal claim.... Read More

Your wife may have a civil claim against her former employer for defamation and tortious interference with contract.   However she will have to prove how she has been damaged by these communications.  Your question does not state whether she suffered any negative consequences at her new job as a result of her former employer contacting her new employer. In the event she is interested in pursuing these claims should contact an attorney to see if she has a case. Good luck.... Read More