Category Archives: Wage and Overtime Claims

When Is a Fired Employee Entitled to Receive Unpaid Commissions in Texas?

Consider this scenario: Employee A has worked in sales for Employer B for many years.  In addition to a small salary, Employee A gets a 4% commission on all sales.  On July 1, Employee A’s employment ends, either because Employee A quits or Employer B fires Employee A.  There are pending commissions from May and… Read More »

What Is a Wage Claim Under Texas Law?

1. How is a wage claim different from filing a lawsuit? If an employer fails to pay wages or other compensation to an employee, the employee can always file a lawsuit against the employer.  If the employee chooses to sue, then all of the usual rules relating to lawsuits apply. However, Texas law provides a… Read More »

Fourteenth Court of Appeals Holds that Equitable Estoppel Bars an Employer from Asserting the Statute of Limitations in an FLSA Case

The Fair Labor Standards Act requires employers to pay the minimum wage and overtime. The FLSA contains a two-year statute of limitations that can be extended to three years in the case of willful conduct. On January 28, 2014, the Fourteenth Court of Appeals affirmed a jury verdict that allowed the plaintiff to bypass the… Read More »

Dallas Court of Appeals Affirms Award for Employee on TWC Wage Claim

On June 13, 2013, the Dallas Court of Appeals issued its opinion in JMJ Acquisitions Management, LLC v. Peterson, No. 5=12=00263-CV (Tex. App. — Dallas 2013, no pet.) (now reported at 407 S.W.3d 371). This case involves an appeal from a wage claim decided by the Texas Workforce Commission. Peterson worked for JMJ, which experienced… Read More »

Supreme Court Holds That Donning and Doffing Protective Gear Constitutes “Changing Clothes” for Purposes of the FLSA

Today, the Supreme Court issued its opinion in Sandifer v. United States Steel Corp., No. 12-417 (U.S. Jan. 27, 2014).  The issue in Sandifer was whether time spent by union employees in donning and doffing of protective gear constituted compensable time for purposes of an overtime claim.  The Court held that donning and doffing of protective gear… Read More »

Houston Federal Court Issues Rulings Concerning Notice in an FLSA Collective Action

The Fair Labor Standards Act governs claims for unpaid overtime.  The FLSA also allows for the certification of a collective action, which is a form of class action in which multiple employees can join as plaintiffs.  As part of the collective action process, the court authorizes a notice that is sent to prospective class members. … Read More »

The Supreme Court Holds That an Employer May Use Offers of Judgment to “Pick Off” the Class Representatives in an Overtime Suit, But Refuses to Decide the Key Mootness Issue

In a highly anticipated decision, the Supreme Court held today that an employer who is facing a potential collective action for unpaid overtime may use the offer of judgment procedure in Fed. R. Civ. P. 68 to “pick off” the class representatives and thus thwart the collective action.  Genesis Healthcare Corp. v. Symczyk, No. 11-1059… Read More »

When Is an Employee Entitled to Overtime in Texas?

Texas does not have its own statute requiring the payment of overtime to employees of private companies.  Instead, private sector employees in Texas are covered by the federal Fair Labor Standards Act (FLSA).  The Texas Government Code provides that most government employees are entitled to overtime in accordance with the FLSA. Here are the answers to… Read More »