Articles Posted in Wage & Hour

There are many different types of Dallas wage and hour disputes that can arise between employers and employees. In addition to federal laws, there is a Texas Minimum Wage Act with its own set of rules and regulations. In some instances, a particular city may also have an ordinance that purports to put further requirements in place. For example, one particular Texas city enacted an ordinance earlier this year that aims to require private employers to provide paid sick leave to their employees. The legality of this law was recently questioned in an appellate case.

Facts of the Case

In a recent case, the Texas Court of Appeals for the Third District at Austin was called upon to consider a challenge to the defendant city’s brand new paid-sick-leave ordinance, which the plaintiffs, an association of businesses and others, asserted was unconstitutional. The plaintiffs’ suit, filed in the District Court of Travis County, sought injunctive relief against enforcement of the ordinance. The State of Texas intervened in the lawsuit, also asserting claims against the defendant. The defendant answered that the trial court lacked jurisdiction over the matter because plaintiffs’ claims were not yet ripe and/or the State lack standing to intervene.

The trial court denied the defendant’s jurisdictional challenges, as well as the plaintiffs’ request for a temporary injunction.

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When it comes to Dallas area employment lawsuits, such as wage and hour claims, it is important to consider not only the issues in a case currently facing an employer but also the potential implications of the employer’s position in the current case if other lawsuits or claims are filed later.

Otherwise, an employer’s argument in one case could be used against it in another case.

Facts of the Case

Under both federal and state law, Dallas employees who are not paid the wages to which they are entitled have the right to seek redress in a court of law. Typically, an aggrieved worker files a complaint in court, after which the defendant employer files an answer. Discovery is then conducted. If the parties cannot agree to an amicable settlement at that point, the case proceeds to trial.

Sometimes, however, a case does not follow the usual procedural course. This happened recently, when – for reasons that were not clear from the court’s order – the defendants in a wage and hour case failed to file an answer to the plaintiff’s complaint against them. The plaintiff then sought a default judgment, an option available to her under Federal Rule of Civil Procedure 55.

Facts of the Case

In a case that was recently ruled upon by the United States District Court for the Eastern District of Texas, the plaintiff was a woman who alleged that she worked for some 17 weeks without pay. She filed suit seeking relief under both the federal Fair Labor Standards Act (FLSA) and the Texas Minimum Wage Act (TMWA). Her complaint further alleged that she had worked beyond 40 hours per week but had not received overtime pay or even the mandated minimum wage. Continue reading

Disputes between an employer and an employee concerning compensation can quickly escalate into a Dallas wage and hour lawsuit. Defending such a case can be time-consuming and costly. It can also open the door to a myriad of complaints from other workers.

Speaking to an attorney experienced in these types of workplace disputes as soon as possible can be helpful in resolving such matters in a more cost-efficient manner.

Facts of the Case

Federal law establishes the minimum wage for workers across the country, as well as rules regarding overtime pay and other matters that may be pertinent in a Dallas wage and hour case.

Many issues can arise in litigation brought under these federal laws by disgruntled employees. It is up to the courts to decide which issues are – and are not – properly to be considered in a given case.

Facts of the Case 

In a Dallas wage and hour case, an employer may disagree with the findings of the Department of Labor (DOL) on issues such as whether an employee’s wages were calculated correctly or whether the employer retaliated against the employee for complaining about his or her pay.

Fortunately, the DOL’s findings are not necessarily determinative of the final outcome of the case. For example, in a recent matter, the DOL found that an employer had violated the Fair Labor Standards Act’s provisions regarding retaliation, such that an employee was due over $63,000 in back wages. Ultimately, however, the court of appeals found in the employer’s favor.

Facts of the Case

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