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Current news articles throughout Texas

This page of our website contains the most recent and informative articles that relate to wage and hour disputes. To schedule a free consultation with a Texas wage and hour attorney in our office, contact Kennedy Hodges at (877) 342-2020.

News Category: All CategoriesComputer and ITService TechniciansIndependent ContractorsSales RepresentativesTipped EmployeesNurses/HealthcareParalegalOil, Gas, Field WorkersOther Workers We HelpGeneral

Computer and IT

• Tech company settles overtime case for $35 million
  Nov 15, 2011

  Is your employer making this million dollar mistake?
  
  California company owes $35 million to 1,725 workers for exemption mistake.

  Everybody makes the occasional mistake at work. Usually most of us make minor mistakes that can be smoothed over, but one company recently made an error that cost them millions in a lawsuit settlement. If you're a computer employee read on to learn how you could be owed money if your employer makes this huge mistake.

  Case in Point

  A court recently approved a settlement in a class-action lawsuit for $35 million against Oracle, a business software company. The suit involved 1,725 workers who filed against Oracle for claims the company misclassified them as "exempt" workers without overtime pay - a violation of the Fair Labor Standards Act and California labor laws.

  California and federal wage and hour laws require overtime pay for non-exempt employees who work over 40 hours a week. The company is now paying the price for this wage and hour mistake.

  The Golden State's laws offer protection to out-of-state workers

  The case, filed in 2003, involved out-of-state assurance workers, technical analysts and project managers who traveled to California for their employer. Employees claimed that since they were working in the Golden State they should have been compensated with overtime pay under California labor law. Instead, the employer classified them in administrative roles and "exempt" from overtime. The California court ruled that Oracle has to pay up.

  Computer employees: Troubleshoot your employer's mistake.

  Employers make this common mistake across all industries, regardless of your job title. If you are not paid overtime, you should order our free book to learn about the wage laws that protect 90% of employees nationwide. You can call our office at 888-449-2068 for a free case review.
  
  Read about out-of-state workers in California.

  Kennedy Hodges LLP does not represent the case above, but we have helped hundreds of employees across all industries to recover back pay from their employers. 

Service Technicians

• Texas Service Technician Sues Employer over Unpaid Overtime Wages, Wrongful Termination
  Dec 04, 2011

  The Southeast Record reported on a lawsuit claiming that a Texas service technician was not paid overtime for travel time, resulting in hundreds of missed dollars on his paychecks.

  Dale Little filed suit in the Eastern District of Texas, Sherman Division, claiming that his rights were violated under the Fair Labor Standards Act. U.S. District Judge Michael H. Schneider is overseeing the case.

  The FLSA mandates that all non-exempt workers should be paid one and a half times their regular hourly rate for their hours worked over 40 in one week. According to Little’s lawsuit, the oil worker’s employer, Technical Specialty Products, was not paying time and a half for the time it took Little to travel to and from job sites. Little typically worked an average of 55 hours each week.

  The FLSA also mandates that workers should be paid for their travel time from site to site, even if it is overtime pay.

  If you are an hourly-paid service technician not receiving overtime in Houston, contact the experienced Houston overtime lawyers at Kennedy Hodges for your free copy of The Ten Biggest Mistakes that Can Hurt Your Wage and Overtime Claim. Get your free copy by calling 888.449.2068 today, or by filling out our online form. 

• Oilfield service technicians: Do you know your workplace rights if you complain about your pay?
  Nov 21, 2011

  When the economy is shaky employers often try to sweep pay issues under the rug, especially when it comes to paying overtime. If your company suddenly changed their pay practices or started to change how you are paid you have a right to inquire about what is going on.

  But many times employers will ignore your complaints in the hopes you will forget about the issue or drop it. Unfortunately, sometimes people are often fired after complaining about pay issues to their employer. If this happens to you the biggest question you might have is if it's legal for an employer to fire you for complaining about pay issues. The answer is no - this is usually illegal and is known as employer retaliation. Under the Fair Labor Standards Act you have rights that protect you from employer retaliation.

  Case in Point

  A service technician for an oilfield services company filed a lawsuit that claims he lost his job when he complained about not being properly compensated for his overtime. The Fair Labor Standards Act lawsuit is against Technical Specialty Products.

  The employee alleges that Technical Specialty Products changed their overtime policy in September 23. In October, the employee claims he was fired after he inquired about the change in policy. The former employee claims that he worked 55 hours per week and was not compensated time-and-a-half after September.

  The plaintiff is seeking damages for unpaid overtime compensation, liquidated damages for unpaid overtime, lost wages, interest, punitive damages, attorney's fees and courts.

  Free resources if you are not paid overtime.
  If you are not paid overtime, or your employer has suddenly changed pay policies you should call our employment lawyers today to find out if you have a claim to recover unpaid overtime. Call toll-free at 888-449-2068. You can also order our free book or send us a contact form for a free case review.

• Active FLSA case against Konica Minolta for pay practices
  Nov 01, 2011
  Active Case: Technical Support Employees in Illinois, Massachusetts, New York, and Texas have Kennedy Hodges LLP to represent their wage claim against Konica Minolta.

  Our firm filed a complaint on behalf of current and former technical support employees (including Customer Technicians, Customer Specialists, and others) against Konica Minolta business solutions USA, Inc. Since we filed (August 2010), Kennedy Hodges has actively been representing our clients.
  Nature of the Violation
  The complaint states that Konica required and permitted employees to work over 40 hours a week, but did not compensate employees at their overtime rate, a violation of the Fair Labor Standards Act. Konica's technical support workers perform maintenance and repair work on digital and mechanical products sold by Konica. As part of its company policy Konica also requires its technical support workers to attend online training sessions.

  Who is affected?
  This active case is a collective action to recover unpaid overtime compensation owed to former employees and on behalf of all other similarly situated employees, current and former.

  This case affects workers nationwide, including employees in:
  

  • Illinois, 
    Massachusetts, 
    New York, and 
    Texas.

  Read the Complaint here.

• HVAC technicians denied proper FLSA overtime pay - Our overtime attorneys investigate claims nationwide against Source Refrigeration Inc.
  Jun 23, 2011
  Active Texas case: HVAC technicians report that Source Refrigeration & HVAC, Inc. has not paid them for all hours worked. Defective time recording devices at the heart of the overtime violation. Mandatory meetings and drive time also uncompensated.

  We currently represent employees who worked as HVAC repair and maintenance workers for Source Refrigeration & HVAC, Inc. The company, based in California, employs over 1,000 HVAC technicians and repair workers nationwide.

  Certified refrigeration technicians perform electrical and mechanical inspection and maintenance on refrigeration equipment nationwide. They are generally known as HVAC (Heating, Ventilation, and Air Conditioning) service technicians and their duties include:

  • clean equipment, including belt adjustments, oiling, and greasing,
  • perform maintenance inspections,
  • determine service requirements for equipment.

  Many employees who work for these refrigeration companies are not paid according to the FLSA and they are frequently not compensated for off-the-clock work.

  Nature of the violation

  Our clients inform us that Source Refrigeration did not compensate them for the following work-related activities:

  • Time spent on jobs that are not recorded by the company PDA
  • Attending company meetings
  • Cleaning company vehicles
  • Travel time between jobs
  • Training
  • Clocking in after starting jobs

  Who is affected by the lawsuit?

  Workers affected include all HVAC repair and maintenance workers with overtime and wage violations nationwide, including:

  Refrigeration service tech II, Refrigeration service tech III, Refrigeration service tech IV, Refrigeration service tech V, Commercial refrigeration technician, dispatch manager, Refrigeration Construction Journeyman

  Geographical Scope of Investigation

  We are actively investigating claims on behalf of HVAC and plumbing technicians across the country. If you are interested in making a claim, you may fill out the attached PDF form and e-mail it to gkennedy@kennedyhodges.com. You may also send us any questions you might have by filling out our confidential contact form.
  

  Source Refrigeration locations:
  

  Texas - Austin, Dallas/Ft Worth, Grand Prairie, El Paso, Houston, Tomball, San Antonio

  Arizona - Phoenix, Tucson

  California - Anaheim, Los Angeles, Sacramento, San Bernardino, San Fernando Valley, Visalia
  

  Florida - Ft. Lauderdale, Miami, Orlando, Tampa

  Colorado - Colorado Springs, Denver, Grand Junction

  Idaho - Idaho Falls, Pocatello, Boise, Twin Falls, Pocatello

  Oregon - Portland, Medford, Salem

  New Mexico - Albuquerque

  Nevada - Las Vegas, Reno

  Montana - Billings

  Seattle - Washington, Kennewick
  

  Utah - Salt Lake City

  Wyoming - Cheyenne

Independent Contractors

• Employers may be violating the FLSA by making employees work through lunch
  Feb 10, 2012

  CBS Money Watch had a recent article about working over lunch that outlined Fair Labor Standards Act Violations. 
  
  The piece explained that all hourly employees are to be paid for all time worked, even if that time is during your lunch hour. CBS reported that a woman working for a real estate company was recently fired for working over her lunch break, even though she voluntarily clocked out. Employers are becoming more and more conscientious about following the FLSA, in order to avoid paying the fines mandated by the U.S. Department of Labor, and back wages to their employees. 
  
  The Texas overtime lawyers at Kennedy Hodges were interested to read that the article brought up the age-old question of, “When is work ‘work’?” It is difficult sometimes to determine whether or not you should be paid for answering a 30-second email or for having a 15-minute conversation with your boss in the parking lot about tomorrow’s presentation. 
  
  A good rule of thumb? If you are working or doing anything work related, you should be paid. If you ever have questions, it is best to enlist the help of an attorney who handles these issues daily, like the lawyers at Kennedy Hodges. 
  
  Call them today at 888.449.2068 or fill out the online form to the right to have your questions answered.
  

• Seasonal Migrant Workers to Receive $1.5 Million in Back Wages
  Jan 23, 2012

  More than 1,500 seasonal agriculture workers will be receiving $1.5 million after it was discovered that they were not receiving fair wages or overtime pay.
  
  The employees worked for one of the largest employers of “guest” workers, Candy Brand, a tomato shipping company, and most of them worked only eight weeks out of the year on temporary work visas.
  
  Candy Brand was accused of not reimbursing the workers for the cost of the visas, travel, and other expenses, as typically mandated by the Fair Labor Standards Act. The Arkansas-based company also violated the FLSA by not paying their employees at least $7.75 per hour, or one and a half times their regular hourly rate for all hours worked over 40 each week.
  
  The workers named in the suit worked at Candy Brand between 2003 and 2007.
  
  The fair wage lawyers at Kennedy Hodges help clients in Southeast Texas on a daily basis who are dealing with the same problems. For more information on how they can help you, contact them at 888.449.2068 for a free copy of their book and a complimentary case evaluation.
  

• New FLSA Rule Could Affect Houston Mothers at Work
  Jan 22, 2012

  The Fair Labor Standards Act was recently amended to require employers to provide a private space for mothers to breastfeed and allow them adequate breaks to do so.
  
  The required space must be secure, free from disturbances and other employees, and a refrigeration unit must also be provided.
  
  This is posing problems for some smaller companies that might not have any additional space or manpower to accommodate a new or nursing mom, which is why companies with less than 50 employees are exempt from the rule if doing so would cause "an undue hardship by causing the employer significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the employer's business."
  
  Bathrooms are also not to be considered acceptable “private areas” for the mothers to nurse, and employers can be fined if the new regulation is not followed. It is reported that 23 companies have been issued citations for not adhering to the rule.
  
  To have all of your FLSA questions answered, contact Kennedy Hodges at 888.449.2068 for a complimentary case evaluation.
  

• New Proposal Seeks to Cover Home Health Care Aides under FLSA
  Jan 21, 2012

  The President made a recent proposal that calls for home health aides to be covered under the Fair Labor Standards Act.
  
  While many of the nation’s health aides are paid more than the federal minimum wage of $7.75, the new proposal, if adopted, would allow aides to collect overtime pay at one and a half times their hourly wage for hours worked over 40 each week. Currently, aides are often considered companions and frequently put in the same category as babysitters.
  
  The New York Times also reported on the federal government’s statistic that the number of Americans older than 65 who need assistance living outside of a nursing home is expected to double from the current rate of six million by the year 2030.
  
  For more information on home health aides and determining rights under the FLSA, call 888.449.2068 for your free copy of Ten Biggest Mistakes that Can Hurt Your Wage and Overtime Claim. 
  

• Supreme Court to Decide Paychecks of Houston Pharmaceutical Sales Reps
  Jan 10, 2012

  The Supreme Court is getting involved after a February 2011 court decision regarding outside sales representatives in the pharmaceutical industry.
  
  The decision found that GlaxoSmithKline was correct in exempting their drug sales reps from the Fair Labor Standards Act, which in turn meant that they were ineligible for overtime pay.
  
  The article cited other court decisions where the Administrative Exemption was applied to sales reps working for Abbot Laboratories, Johnson & Johnson, AstraZeneca, and Alpharm.
  
  Exemptions for sales reps at GlaxoSmithKline have been in place for over 70 years, and the company defends their decision to do so, claiming that the reps are rewarded a commission instead of overtime.
  
  Whether or not to pay pharmaceutical sales reps time and a half for the hours over 40 they work each week has been widely contested through the years, and the fair overtime lawyers at Kennedy Hodges help clients who are battling this problem on a regular basis.
  
  Contact them at 888.449.2068 for more information on incorrect exemptions, for a free copy of their book, and for a complimentary case evaluation.
  

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