The Blog Of Kennedy Hodges Your Texas Labor Law Attorneys

More Las Vegas hotels getting hit with wage and hour lawsuits

Thu, 17 May 2012 08:00:00 GMT

Another hotel on the strip was served with a wage and overtime lawsuit recently. This time it’s the Cosmopolitan of Las Vegas. The lawsuit was filed by a former employee who claims the casino did not pay hourly employees for all hours worked and also allegedly did not pay proper overtime rates required under the Fair Labor Standards Act.

Cosmopolitan’s time-keeping system shaved off worker’s hours
Among the allegations, workers claim that the Cosmopolitan’s time-keeping system rounded work hours based on 15-minutes intervals, so employees that clocked out four times could lose an hour per day deducted from their pay.

Workers also claim the hotel shorted them on overtime pay in several ways, including:

Workers were paid part of room service gratuities, but the hotel allegedly did not include the bonuses or commission payments in employee’s overtime rates;
Workers were not paid for time spent changing into and out of hotel uniforms, also known as donning and doffing.

The Wynn Las Vegas also under fire for alleged wage and hour violations
A few months ago we posted about the Wynn Las Vegas, which was sued by former employees over allegations of illegal tip-pooling.

You can read that story here: Tip-pooling lawsuit against the Wynn casino to be heard in Nevada Supreme Court

Hotel workers often shorted on hours, pay
If you are an hourly, non-exempt hotel worker you should be paid at least minimum wage and your correct overtime rate (one and one-half times your regular rate) if you work more than 40 hours a week.

If you are a hotel worker and you believe you are not being paid for all hours you work you can get informed on the wage and overtime laws by reading our article: Top Questions for Hotel Employees to Ensure Overtime.

You can also contact our employment lawyers at 1-888-449-2068 today to start a free case review. Our firm works on a contingency fee basis, which means if we do not make a recovery in your case we do not get paid.

Kennedy Hodges does not represent the case above, but we have recovered back pay for employees in all industries nationwide including the retail industry.

Daily deal companies plagued by wage and overtime violations

Wed, 16 May 2012 08:00:00 GMT

Living Social sued over allegations of unpaid overtime
The daily deal provider Living Social just got served with a lawsuit by former employees who claim the company misclassified them as salaried employees exempt from overtime. The workers claim that since Living Social classified them as exempt salaried employees they were not paid required overtime rates they were due under the Fair Labor Standards Act.

We blogged last year about the lawsuit against Groupon where sales representatives claimed they were never paid for working overtime hours. Overtime lawsuits are increasing across the nation and workers filed 32 percent more lawsuits against employers for unpaid wages and overtime last year than in 2008, according to a report from USA Today.

Ninety percent of workers covered under overtime protections
Most workers don’t know it, but many of them are protected under the FLSA for wage and overtime protections. This means if you are not being paid fair wages or overtime pay at work you need to have your exemption status investigated by an employment lawyer. You could be missing many hours of pay by not evaluating your overtime exemption status.

Free case evaluation for workers not paid overtime
If you work more than 40 hours a week but are not paid overtime for those hours over 40 it is worth it to have an employment lawyer review your case to determine if you are truly exempt. Often, our firm finds most workers are misclassified under the law.

Kennedy Hodges does not represent the case above, but we have recovered back pay for employees in all industries nationwide including the retail industry.

You can contact our employment lawyers at 1-888-449-2068 today to start a free case review. Our firm works on a contingency fee basis, which means if we do not make a recovery in your case we do not get paid.

Austin and Houston top Forbes list for job growth, but are employers paying workers correctly?

Tue, 08 May 2012 08:00:00 GMT

They say everything is bigger in Texas and Forbes’ list of the best cities for job growth makes it clear that the state's job market is expanding.

Austin ranked #1
Houston ranked #2
Fort Worth ranked #4
Dallas ranked #6

Oil and gas jobs drive Texas job growth, but are companies paying workers correctly?
The Forbes list states that energy, technology and manufacturing are the big drivers of growth in Texas. Oil and gas workers can often work as field service technicians, maintenance technicians, inspectors and plant workers.

Though you may not know it, many of these jobs are not exempt positions, which means that you are generally eligible to be paid overtime pay at time-and-a-half if you work more than 40 hours a week as a non-exempt employee.

While Texas employees will fill new positions they will no doubt consider how they will get paid. Receiving your first paycheck is a great feeling, but sometimes the check may have some surprises that can leave you scratching your head.

More and more employers are ignoring the wage and hour laws
Workers in every city nationwide are shorted or cheated out of their wages as employers take advantage of employees who are willing to work long hours without proper pay.

Are you a Texas tipped employee working in a restaurant? Do you find your wages and tips do not add up correctly, or does your new job require you to tip other employees who are not usually tipped?
Are you a legal assistant or secretary? Are you paid overtime for working more than 40 hours in a workweek?
Are you a field technician paid on a piece-rate or fluctuating work week method? Many employers use these techniques incorrectly, which lets your employer pocket your hard-earned wages.

Employers must follow applicable federal or state minimum wage and overtime laws, or face possible wage and hour lawsuits or collective-action suits.

If you have questions about your pay, whether it’s a new job or your existing job you can contact our employment lawyers toll free at 1-888-449-2068 to start a free case review today. We have helped workers recover their back wages and overtime pay across many industries nationwide.

Texas restaurants cheating teen workers out of pay

Mon, 07 May 2012 08:00:00 GMT

You may have heard the news last week about a man who posted a YouTube video after he confronted his son’s boss who was not paying his 16-year-old for working at Fish Place in Spring, Texas.

David Fuentes found out that management told his son that he would only start getting paid on the third day of work. His son said he was told that the first two days were unpaid training time. So Fuentes went to the restaurant and confronted the business owner on camera, saying that it is illegal in Texas not to pay someone for work performed.

Fuentes is right.

Texas law follows the Fair Labor Standards Act, which states that employees must be paid for all hours worked. There are stipulations in the FLSA that cover the permissible amount of hours a minor can work, and safety standards for young workers. However, the law remains the same: employees should be paid for all hours worked, and training time is compensable time.

What is wage theft in Texas?
Few people have advocates to stand up to a boss that refuses to pay employees fairly. What’s more, most employees don’t know the wage and hour laws that provide protection from being shorted on minimum wage or overtime pay. Restaurant workers and Texas tipped employees are at high risk of unfair wages or illegal tip pools.

As a result, many Texas workers suffer wage theft, which has become an epidemic in Texas and throughout the nation. More and more workers have filed complaints against their employers for wage theft and unpaid overtime.

Fight back against wage theft
Unpaid wages and unpaid overtime are a common occurrence, especially in restaurants and fast-food businesses. Young workers and old workers alike are taken advantage of every day. If you have questions about how you are being paid you should consult a Texas employment lawyer.

Our firm has helped recover back wages and unpaid overtime for employees across all industries, including restaurants. You may contact our office at 1-888-449-2068 to start a free case review today. We work on a contingency fee basis, which means if we do not make a recovery in your case we do not get paid.

Illinois court strikes against Skokie cleaning service in wage and hour lawsuit

Fri, 04 May 2012 08:00:00 GMT

A group of 75 workers got a victory in court this week after a judge granted a default judgment against Skokie Maid and Cleaning Services in the Illinois wage and hour claim. The company must now pay $250,946.72 in back wages to workers plus an equal amount in liquidated damages.

In the complaint, workers alleged that the cleaning company violated several provisions of the Fair Labor Standards Act, including:

Minimum wage, overtime and record-keeping violations;
Misclassification of 75 current and former cleaning employees as independent contractors;
Nonpayment of overtime.

Are you a misclassified cleaning company worker?
Many cleaning companies classify workers as “Independent Contractors,” and this puts the employer at a great advantage and the worker at a huge disadvantage. Many workers often feel as though they are actually employees of a company instead of independent contractors, and they are usually right. Many employers are taken to court for employee misclassification.

How to recover your back wages as a misclassified worker
Under the Fair Labor Standards Act, if an employer misclassifies you as an independent contractor you can bring a claim to court in order to recover the back wages owed. If you work more than 40 hours a week and you believe you have been misclassified, contact our wage lawyers to start a free case review today at 1-888-449-2068.

You can contact our office toll-free at 1-888-449-2068 today, or order our free book: The 10 Biggest Mistakes That Can Hurt Your Wage and Overtime Claim.

Kennedy Hodges LLP does not represent the case above, but we have recovered back pay for employees in all industries nationwide.

Wal-Mart to pay $4.8 million in back wages to vision center workers

Wed, 02 May 2012 08:00:00 GMT

Wal-Mart Stores Inc. has agreed to pay $4.8 million in back pay and damages to more than 4,500 employees nationwide following a U.S. Department of Labor investigation which uncovered violations of federal overtime regulations.

This case affected current and former vision center managers and asset protection coordinators at Wal-Mart stores, including Neighborhood Market and Sam's Club locations. Wal-Mart will also pay nearly $464,000 in civil penalties.

Retail Employees and Overtime Pay Laws
In this case, Wal-Mart classified their employees as exempt from overtime and did not compensate them for any hours over 40 worked in a workweek. But under the Fair Labor Standards Act the employees are actually classified as non-exempt, which means they are supposed to be paid overtime pay. Wal-Mart has agreed to pay back wages to the workers and an equal amount in liquidated damages.

When employers incorrectly classify workers as exempt employees are shorted their correct pay under the law, which could equal to thousands of dollars in a year.

Workers can file wage and hour claims under the law to recover their back pay and get back the money they are rightfully owed. If you are a retail worker working more than 40 hours a week without overtime pay you can contact our overtime lawyers to start a free case review today.

You can contact our office toll-free at 1-888-449-2068 today, or order our free book: The 10 Biggest Mistakes That Can Hurt Your Wage and Overtime Claim.

Kennedy Hodges does not represent the case above, but we have recovered back pay for employees in all industries nationwide including the insurance, banking, and mortgage industry.

TruGreen Maryland lawsuit – Employees can find out if they are eligible to join this lawsuit

Fri, 27 Apr 2012 08:00:00 GMT

Overtime payment issues as a Maryland TruGreen worker
Do you have issues with your pay as a Maryland TruGreen worker? We have received complaints from many workers in several states including Ohio, Michigan and Texas about unfair pay practices at TruGreen.

Our law firm has filed a lawsuit against the company for allegations that TruGreen violated overtime requirements under the Fair Labor Standards Act. Specifically, our clients claim that TruGreen did not pay them their correct overtime rates when they worked more than 40 hours a week under the Fluctuating Workweek pay method.

TruGreen lawsuit seeks Collective Action status
The lawsuit our firm filed seeks Collective Action status on behalf of all other similarly situated past and present employees of TruGreen. If you worked for TruGreen lawn company in Maryland you may be eligible to join this case.

What are the unfair pay allegations in the TruGreen overtime lawsuit?
The employees we represent claim they were paid using the fluctuating work week method, which means an employer can pay half pay for overtime hours, as long as the workers are paid the guaranteed weekly salary even if their hours fall below forty in a workweek. This is where our employees claim the company failed to comply with the correct overtime rates required by law.

Get more information about the TruGreen wage lawsuit
If you want to learn more about the TruGreen wage and hour case you can watch the TruGreen videos we have posted, or contact our office at 1-888-449-2068 to speak to one of the attorneys handling the case.

Washington TruGreen employees: Are you working long hours without proper pay?

Thu, 26 Apr 2012 08:00:00 GMT

Deceptive pay practices can affect everyone in any state and Washington service technicians are at risk, too. TruGreen employees in Washington should double check their paychecks to ensure that they are paid correctly. Our firm has filed wage and hour claims against TruGreen lawn company in several states, including Washington.

If you are a TruGreen Washington employee you may be eligible to join a lawsuit our firm filed on behalf of our clients for alleged violations of the Fluctuating Workweek pay method.

TruGreen employees working long hours without proper pay.
Working long hours without pay is not a surprise complaint to our employment lawyers. We have filed on behalf of our clients for allegations that TruGreen failed to pay workers their correct overtime rates using the Fluctuating Workweek method (FWM), also known as Chinese overtime. Workers from Ohio, Michigan and several other states have contacted us about the same FWM practice applying to their paychecks.

Overtime pay and the Fluctuating Workweek pay method
Overtime pay must be calculated correctly when using the FWM to workers whose hours fluctuate regularly. The lawsuit filed alleges that TruGreen applied the FWM practice incorrectly because they applied the half-time payment of overtime if employees worked over forty hours a week (which is legal). But employees claim that for weeks where worker's hours fell below 40, the company did not pay the minimum guaranteed salary required under the FWM pay method.

The lawsuit our firm filed seeks to include all other similarly-situated employees so that they can join the case to recover any back pay owed to them.

How to get more information about the TruGreen wage lawsuit
If you want to learn more about this TruGreen case you can watch the TruGreen videos we have posted, or contact our employment lawyers at 1-888-449-2068 to speak to one of the attorneys handling the case.

Top Ways to Prove Your Overtime Claim as a Houston Auto Mechanic

Wed, 25 Apr 2012 08:00:00 GMT

When a Houston service technician is treated unfairly under the Fair Labor Standards Act, it can be difficult to figure out how to prove it. Perhaps there is a Houston worker not receiving overtime pay, but does not know how to go about showing what he should be earning. Or the mechanic is not always paid minimum wage, and since he hasn’t saved his time slips, does not know how much he has been shorted on his paycheck.

When these types of Texas overtime laws are broken, not only does the employee lose trust in his employer, but he also suffers financial damages. That is why the Texas overtime attorneys in our office have compiled this list of the key ways to prove your wage claim as a Houston mechanic:

Save your time slips or document your shifts. If you no longer have your clock-in and clock-out slips, or if you are not allowed to keep your timecards, make it a habit to write down exactly when you started and ended your shift. Keep in it a journal or on your calendar, so that you always know how many hours you worked each week.

Keep track of all of the tasks that you are performing at the body shop. If you are paid by each job you complete, write down how many oil changes, tire rotations or other responsibilities you are given each shift.

Try to figure out what you should be making. If you are not receiving overtime pay, but you are working more than 40 hours per week at the shop, calculate your “over 40” hours at one-and-a-half times your hourly wage, to give you the amount of overtime pay you should be receiving.

Enlist the help of an attorney experienced in helping Houston mechanics who suspect they have been mistreated on the job. At Kennedy Hodges, we understand that mechanics may not be aware of their rights, especially when all they want to do is earn a decent living. A good Texas overtime attorney can help you not only learn your rights, but also help you enforce them.

For your free consultation and copy of Kennedy Hodges’ book, the Ten Biggest Mistakes That Can Hurt Your Wage and Overtime Claim, call toll-free 888.449.2068 or fill out our online form.

New York TruGreen Employees: Find out if you are eligible to join the wage lawsuit

Wed, 25 Apr 2012 08:00:00 GMT

If you are a non-exempt employee working more than 40 hours in a workweek for TruGreen you should be paid overtime for every hour over 40.

Many workers nationwide claim that TruGreen has not compensated them with their correct overtime rates under the law and our firm has filed on their behalf to recover back pay under the Fair Labor Standards Act.

TruGreen allegedly took big bite out of worker’s paychecks
The lawsuit filed on behalf of our clients claims that TruGreen paid its service technicians and lawn care specialists under the Fluctuating Workweek method (FWM), also known as Chinese overtime, but did not apply it correctly when paying overtime to employees.

Our firm filed a wage and overtime complaint against the company seeking to recover the back wages owed to TruGreen workers.

TruGreen lawsuit New York
If you work, or worked, for TruGreen lawn company in New York in the past three years you may be eligible to join the TruGreen lawsuit our firm has filed against the company. TruGreen is the largest lawn care company in the country and has offices in New York, California, Texas, and many other states. TruGreen locations in New York include:

Yaphank
Rochester
Syracuse
Orchard Park
Albany
Endicott

Under federal law, eligible employees should be paid overtime at a rate of one-and-one-half times the employee's regular rate for hours worked in excess of 40 hours in a workweek. If not, workers can file a complaint to recover their back pay.

If you are a TruGreen employee working in New York and you believe you have not been paid your correct overtime rate under the law you may be eligible to join this suit to recover your back pay. You can contact our office toll-free at 1-888-449-2068 to learn more about this case.

TruGreen California lawsuit - Employees can join suit to recover back pay

Tue, 24 Apr 2012 08:00:00 GMT

TruGreen owns and operates over 300 locations throughout the United States and we have been contacted by employees in several states asking about this wage lawsuit. If you are a California TruGreen employee you have the option to join a wage and overtime lawsuit our firm filed on behalf of our clients against the lawn maintenance company.

What is the TruGreen lawsuit about?
Our firm has filed a wage and overtime lawsuit on behalf of our clients against TruGreen Inc. The claims include that many lawn care technicians were employed as salaried employees paid using the Fluctuating Workweek pay method (FWM) but TruGreen allegedly did not pay the correct overtime rates required under federal law. The lawsuit our firm filed seeks to allow all other similarly-situated employees to join the case.

The Allegations against TruGreen for Fluctuating Workweek violations
Under the FWM, when workweeks fluctuate above and below forty hours there is a specific method to calculate overtime pay, but our clients claim that when their hours fell below 40 per week, TruGreen converts the employees to hourly workers.

This is a violation of the Fair Labor Standards Act because the intended benefit of the FWM is that employees are supposed to receive their full salary when their hours drop below 40. The result is that lawn care technicians paid under the FWM earn significantly less per overtime hour.

TruGreen California employees can join suit to recover their back pay

If you work, or worked, for TruGreen in any of the following California locations in the past three years you may be eligible to join the lawsuit our firm filed on behalf of our clients.

Concord
Anaheim
Milpitas
Irwindale
Riverside
Sacramento
San Diego

California lawn care technician duties
As a lawn care technician you can have a range of duties, including:

Performing scheduled lawn treatments
Making service calls to customer homes
Completing reports and paperwork at the office
Maintaining company vehicle

If an employer fails to pay correct minimum wage or overtime pay under the wage and hour laws they can be held accountable to pay back the wages owed to workers.

You can contact our employment lawyers toll free at 1-888-449-2068 today to start a free case review.

Illinois employees: Find out if you qualify to join the TruGreen lawsuit

Mon, 23 Apr 2012 08:00:00 GMT

Are you an Illinois TruGreen employee paid using the fluctuating work week? If so, you may be eligible join the lawsuit our firm filed on behalf of our current clients against TruGreen.

Our clients allege that TruGreen applied the fluctuating work week to their paychecks but used it incorrectly, which led to TruGreen failing to pay the correct overtime rates required under federal law.

Is there a current case against TruGreen in Illinois?
We are currently handling a TruGreen wage and overtime case and have been contacted by many employees who were under the same pay practice in several states. Regardless of what your job title is or how you are paid you may be eligible to recover any back pay owed to you if you were not paid correctly according to the Fair Labor Standards Act.

If you worked for TruGreen in any of the following cities and were paid using the fluctuating workweek you may be eligible to join this case:

West Chicago, Peoria, Champaign, Rockford, Decatur, Lake Forest, Hickory Hills, Glenarm, Bloomington, Carpentersville, Crestwood, Park Ridge, Plainfield, Collinsville, or other cities.

Videos to inform Illinois TruGreen employees
Employment lawyer Galvin Kennedy has answered several common questions about the TruGreen lawsuit in these videos. Watch them to learn more about this case.

If you work, or worked, for TruGreen in the past three years you may be eligible to join this current case. You can contact our office toll free at 1-888-449-2068 today to start a free case review.

When is a Houston Bookkeeper or Accountant Exempt from Overtime?

Sun, 22 Apr 2012 08:00:00 GMT

The Houston overtime lawyers in our office always tell our clients that one of the best ways any employee can protect their paycheck is to learn the difference between an exempt and a non-exempt employee.

“Exempt” and “non-exempt” refer to allowances made under the Fair Labor Standards Act. If an employee is exempt, then he or she is not covered by the FLSA, and therefore the employer does not have to abide by the Act’s rules when paying the employee wages. If an employee is non-exempt, then he or she is entitled to the protection of the FLSA, with the main benefits being the right to overtime pay and the right to be paid at least the federal minimum wage.

In the accounting and bookkeeping world, employers often classify their bookkeeper to be exempt as a Houston accountant, using the FLSA’s professional exemption rules. In order for this exemption to be made, the following criteria must be met:

The employee must be certified or licensed by the State and engaged in the practice of accounting.
The employee must be required to exercise independent judgment and discretion during the job she is asked to perform.
The employee must be paid at least twice the federal minimum wage for full-time employment.
The employee must be engaged in work that requires advanced knowledge.

If you are a wrongly-exempt Houston bookkeeper and can prove your misclassification, you may be entitled to back wages. Need help proving your case? Contact the Texas overtime attorneys at Kennedy Hodges by calling 888.449.2068 or by filling out our online form. Not only will you receive a complimentary case evaluation, but you will also be given a free copy of their book, the Ten Biggest Mistakes That Can Ruin Your Wage and Overtime Claim.

Lubbock nude maid service may need to brush up on tipped employee regulations

Fri, 20 Apr 2012 08:00:00 GMT

Lubbock’s new nude cleaning service has caused a buzz as news agencies nationwide reported on the new Texas venture, Fantasy Maid Service of Lubbock, that charges $100 or $150 an hour for a nude cleaning service where maids clean in lingerie or naked.

The business has no doubt garnered lots of attention in the media, and recent reports state that the owner, Melissa Borrett, has already brought three more employees on board and has plans to expand the business to other cities including Houston.

But one common issue that owners often overlook in the beginning stages of a business is how employees will be paid.

Will nude maids be considered tipped workers?
For our employment lawyers, questions are raised about the probability of these workers getting tips from clients and, if that’s the case, there are certain laws that govern how tipped employees must be paid. Employees can be considered tipped employees in Texas if you regularly make more than $30 a month in tips.

Wage and overtime cases are costly and employers often have a hard time proving their case in the courtroom, since the FLSA laws often cover many different types of workers under the law, even nude maid services can be regulated by exempt or non-exempt rules.

Texas Tipped employee laws
At a minimum, tipped employees under the Fair Labor Standards Act can be paid $2.13 by their employer only if their wages plus tips add up to at least $7.25 per hour (minimum wage). If they do not, the employer must make up the difference. Tipped employees are also eligible to receive overtime pay if they work more than 40 hours in a workweek.

If you are a tipped employee in Texas and you believe you have not been paid your correct wages or overtime pay you can contact our employment lawyers today at 1-888-449-2068 to start a free wage case review. You can also order our free book, The 10 Biggest Mistakes That Can Hurt Your Wage and Overtime Claim.

More American employees sue employers for overtime pay

Thu, 19 Apr 2012 08:00:00 GMT

The traditional workplace has changed dramatically and technology has also blurred the lines of working hours, but the Fair Labor Standards Act requires that employees be paid for every hour they work. A new article from USA Today points out that employees are increasingly filing wage and overtime claims against their employers for working longer hours without pay.

Consider how many minutes a day you might spend working off the clock, or minutes at home you spend replying to a work email. All those minutes add up and can equal to thousands of dollars a year. This is a big issue for employees nationwide because employers are pocketing money that should be paid to workers. The workplace has no doubt changed and workers often find themselves:

Responding to work emails instantly through their smartphones
Working longer hours without overtime pay, or
Working under flexible work schedules that are not properly tracked by employers.

The result is that the rate of employees suing their employers under federal and state wage-and-hour laws has increased in the after math of the recession. The article states that 7,006 wage-and-hour suits were filed in federal court last year, almost quadruple the 2000 total.

FLSA laws still protect workers in evolving workplace
When and how we work has evolved and the Fair Labor Standards Act enacted in 1938 is still in place to protect workers and ensure they receive an honest day’s pay for an honest day’s work.

There have been several worker exemptions challenged in court, including a recent case involving sales representatives for Glaxo SmithKline. Changes to healthcare worker exemptions are also being considered that could place millions of home-care workers under minimum wage and overtime protections.

As the workplace changes employees can still bring their claims to court if they feel they have not been paid fair wages or overtime pay.

Free resources for workers denied minimum wage or overtime pay.
If you believe you have not been paid your fair wages under the law you have options. You can contact our office to start a free case review with our employment lawyers today. You can also order our free book, The 10 Biggest Mistakes That Can Hurt Your Wage and Overtime Claim.

Houston Overtime Attorneys Say Texas Bookkeepers Entitled to Overtime

Tue, 17 Apr 2012 08:00:00 GMT

Contrary to what many small companies believe, bookkeepers are not the same as accountants and therefore should never be exempt under the Fair Labor Standards Act (FLSA).

While it is true that bookkeepers are essential to a company’s accounting practices, they do not perform the same tasks, and are typically not certified. Bookkeepers usually handle an office’s payroll and bank deposits, as well as their accounts payable and accounts receivable. They may be responsible for invoicing clients and customers, generating W-2s and 1099s at the beginning of each year, as well as manage relationships with differed vendors.

Since the job of bookkeeper does not involve an advanced degree, he or she should always be considered an employee and therefore be paid overtime for any extra hours worked. This means that the bookkeeper should be paid one and a half times their normal hourly rate for every hour over 40 worked each week.

The Houston overtime attorneys in our office handle similar cases on a regular basis, and we are guessing that companies do this to save money and not pay the overtime.

It is not against the law to exempt a non-certified accountant from the FLSA, as long as he or she is performing duties that fall under the exemption category. However, for most bookkeepers and clerks, the tasks that your employer is having you complete are definitely not ones that would cause you to miss out on overtime pay. Data entry and customer service do not entail using advanced knowledge or discretion, which are two key components of FLSA exemption.

Simply pointing out the mistake to your employer may fix the situation, but do remember that you are entitled to back wages in Houston for any overtime hours you worked but did not receive time and a half. If you think that your employer would not respond well to this request, or you want to enlist the help of a trusted and experienced Texas fair wage lawyer, call Kennedy Hodges today at 888.449.2068 or fill out our online form.

Not only will you be able to schedule a complimentary consultation, but you will also receive a free copy of their book, the Ten Biggest Mistakes That Can Wreck Your Wage and Overtime Claim.

CarMax sued for alleged overtime misclassification of California car buyers

Mon, 16 Apr 2012 08:00:00 GMT

California car buyers say CarMax gave them raw deal on employment
CarMax is well-known for its promise of giving fair deals on used cars to consumers, but a former employee has spoken up to say that behind the scenes the company had unfair pay practices.

Case in Point: Class-action lawsuit against CarMax over overtime pay
A former car buyer for CarMax has sued the company for allegations that the used-car retailer has had success largely from the hard work put in by car buyers – work that they claim CarMax failed to pay properly for under the law.

The lawsuit includes around 1,500 CarMax buyers whose duties included attending car auctions, collecting car information and calculating used vehicle appraisal prices. This required them to travel frequently to attend auctions and bid on and inspect cars.

The lawsuit alleges that CarMax violated the Fair Labor Standards Act (FLSA) by misclassifying the employees as exempt and not paying them overtime. The workers claim that their duties fall under the non-exempt category under the FLSA and therefore are eligible to receive overtime pay.

CarMax had strict procedures and policies for workers to follow
One of the FLSA requirements for determining exempt or non-exempt status is how much discretion you have in doing your job. In this case, the workers claim that they were required to attend training sessions and had to follow CarMax’s detailed procedures, policies and practices when performing their duties as car buyers.

If you are a California employee and you believe you are not being compensated for your overtime pay contact our office to start a free case review with our employment lawyers at 1-888-449-2068. You can also order our free book to learn what your employer doesn’t want you to know: The 10 Biggest Mistakes That Can Hurt Your Wage and Overtime Claim.

Texas Overtime Attorney: Unpaid Overtime for Houston Mortgage Brokers

Fri, 13 Apr 2012 08:00:00 GMT

Working as a Houston mortgage broker can involve long hours and late nights.

Since many people consider a home purchase to be the most important of life’s investments, it is not uncommon for lenders to have to make accommodations for borrowers, which may involve staying after the office closes at 5 p.m. or meeting with potential home buyers on the weekends.

Unfortunately, the Texas overtime attorneys in our office often see that hard work go unappreciated and unrecognized when Houston mortgage brokers are not paid the overtime they deserve.

Many companies treat the mortgage brokers as commission-based workers or independent contractors, or they only allow overtime if it has been pre-approved. So when a lender must meet with clients after already working an eight-hour day, they may be missing out on quite a bit of overtime pay.

For example, suppose that a meeting with a potential lender that involves collecting and going over all W-2, 1099 and other income information, as well as all outstanding debts takes approximately two hours. Add in another 30 minutes to discuss possible properties and how each would affect the mortgage, and before the lender knows it, he has worked two and a half hours of overtime. If this happens an average of twice a week, and his salary averages out to $26 per hour, he is missing out on an extra $65 per week. That’s $3,380 per year!

Don’t let this happen to you. The easiest way to protect yourself and avoid misclassification as a Houston banker is to learn your rights under the Fair Labor Standards Act. Let the Houston fair wage lawyers at Kennedy Hodges help you do this through a complimentary case evaluation and a free copy of their book, the Ten Biggest Mistakes That Can Hurt Your Wage and Overtime Claim. Simply call 888.449.2068 or fill out the online form to order.

San Francisco restaurant scene under overtime and minimum wage audit

Thu, 12 Apr 2012 08:00:00 GMT

Tipped employees in San Francisco may be in for some surprises in the coming months as the Department of Labor is investigating pay practices in area restaurants.

The audits will make unannounced visits to restaurants to evaluate whether employers are following federal minimum wage, overtime, and tip sharing laws – which restaurants nationwide often fail to do – and if violations are found then employers will have to pay workers any back pay owed.

Restaurant wage and hour cases are increasing
Wage and overtime cases for restaurant workers are becoming all too common because employees are beginning to take action to get the money owed to them by their employers. It is not fair to put in so many hours and at the end of the day discover you are not making minimum wage or are not being paid for overtime hours above 40 each week.

California tipped employee laws
California law does not allow employers to use a tip credit. This means California tipped employees including waiters and bartenders must be paid full applicable minimum wage ($8.00 per hour) for every hour they work.

Common violations in the restaurant industry include:

Minimum wage and overtime pay violations;
Tip-pool or tip-sharing violations;
Employers shaving hours off employee timesheets;
Paying workers a flat salary every week, regardless of hours worked.

Are you thinking about filing a wage complaint through the Department of Labor?
The Department of Labor does not have the resources to pursue your claim individually and as a result they usually settle cases for far less than they are worth. You deserve full compensation of your wage claim and you can also seek liquidated damages under the labor laws.

San Francisco restaurant workers: Do you want to recover your back pay?
If you are a San Francisco tipped employee or restaurant worker and you want to reclaim your back pay today then contact our employment lawyers toll-free at 1-888-449-2068 to start a free case review.

You can also order our free book to learn what your employer doesn’t want you to know: The 10 Biggest Mistakes That Can Hurt Your Wage and Overtime Claim.

EMS workers win back $1.5 million in overtime lawsuit

Mon, 09 Apr 2012 08:00:00 GMT

Many employers incorrectly classify emergency medical service workers under a firefighter exemption which prevents them from receiving overtime pay. However, EMS workers generally do not fall under this exemption and should be paid according to FLSA regulations for 24-hour shifts.

Many EMS workers fall under "40 hour week" employees, which means they are eligible to overtime pay if they work more than 40 hours in a workweek.

Case in Point
A group of 59 current and former EMS workers for Lancaster County, South Carolina, had their day in court and successfully recovered $1.5 million in back wages in a class-action lawsuit for unpaid overtime.

The EMS workers sued the county for three years in back pay claiming that they were not paid overtime and for work done after their scheduled shifts, a violation of the Fair Labor Standards Act. The EMS workers reported that their sleep time was often interrupted by emergency calls and they were sometimes required to clean ambulances or fill out reports during sleep time.

EMS workers: What you need to know about “sleep time” and 24-hour shifts
The FLSA permits employers to deduct 8 hours from an employee’s work time for 24-hour shifts as sleep time. However, if your sleep is interrupted and you are not able to get at least 5 hours of sleep then your employer cannot use the sleep time exclusion and you must be paid for the entire shift.

If you are an EMS worker not receiving proper pay or overtime you can recover your back pay – find out how by contacting our employment lawyers today at 1-888-449-2068 to start a free case review. You can also order our free book to learn how to take action: The 10 Biggest Mistakes That Can Hurt Your Wage and Overtime Claim.

Kennedy Hodges does not represent the case above, but we have recovered back pay for employees in all industries nationwide.

Case Results: We have successfully represented EMS workers to recover their back pay.

Read more: Paramedics and EMTs: One surprising fact about your exemption status