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Questions Answered by Juan B Hernandez
1 Answer | Asked in Employment Law for Texas on
Q: I work at a 7 eleven in Texas and haven't had a day of in a month is this legal ?
Juan B Hernandez
Juan B Hernandez answered on Nov 15, 2017

Neither Texas labor law nor the federal Fair Labor Standards Act restricts how many days in a row an adult employee can work or be requested to work. This is referred to as the “unlimited hours rule.” This means an employee could theoretically work for weeks without a day off. Under federal... Read more »

1 Answer | Asked in Employment Law, Legal Malpractice and Tax Law for Texas on
Q: Would it be legal for the place I regularly work to file me as an independant contractor to avoid taxes?

I am 16 and working a weekend job saturday and sunday. 10 hours on saturday, 7 hours on sunday. I go to work every weekend, yet I am filed as an independant contractor in order for the business to avoid paying employment tax, or workers' compensation insurance, and the rules provided by law... Read more »

Juan B Hernandez
Juan B Hernandez answered on Nov 15, 2017

You have a two-part question:

(1) Neither federal law or Texas state law require employers to provide employees with a lunch break. Employers choose whether to provide employees with a lunch break during a work shift. The only exception involves mothers who breastfeed. They must receive a...
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1 Answer | Asked in Employment Law for Texas on
Q: My last employer change my status from salary to hourly on my last check to avoid paying me my full check is this legal?
Juan B Hernandez
Juan B Hernandez answered on Nov 15, 2017

Neither Texas or Federal law prohibit an employer from retroactively modifying an employee's wages. However, the Texas Workforce Commission (“TWC”) apply common law principals to protect employees from retroactive wage reductions. When an employer retroactively reduces wages without notice... Read more »

1 Answer | Asked in Employment Law for Texas on
Q: I was just wondering if it was legal to make an employee work 15 days straight without a day off

The employee stated that they were not okay with it on multiple occasions

Juan B Hernandez
Juan B Hernandez answered on Nov 15, 2017

Neither Texas labor law nor the federal Fair Labor Standards Act restricts how many days in a row an adult employee can work or be requested to work. This is referred to as the “unlimited hours rule.” This means an employee could theoretically work for weeks without a day off. Under federal... Read more »

1 Answer | Asked in Employment Discrimination for Texas on
Q: I have pneumonia and was told by my doctor to take time off from my job. I called my employer and was terminated. What?

I was terminated after telling my employer that I needed the time off to recuperate.

Juan B Hernandez
Juan B Hernandez answered on Nov 14, 2017

Texas is an employment at will state. Typically, unless an employee has an employment contract, or is employed under a collective bargaining agreement through a union, the employer can modify or terminate the employment at any time with or without cause for any non-discriminatory reason. However,... Read more »

2 Answers | Asked in Personal Injury, Employment Law and Workers' Compensation for Texas on
Q: Can a company payroll deduct for a damaged tool workout your prior knowledge? Is there a timeframe for workplace injuri

I recently dropped a piece of equipt. accidentally while working and caused damage. I work in the field and it had rained previously in the day. The ground was not stable and slippery and I slipped while carrying it back to the truck. I also injured my back but did not see a doctor. The company... Read more »

Juan B Hernandez
Juan B Hernandez answered on Oct 31, 2017

I agree with the previous comment regarding your work-related injury. Also note, if the company does subscribe to workers' compensation and you file a claim, the Company cannot retaliate against you for filing such claim. As for the wage deduction, the employer is allowed to deduct these... Read more »

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1 Answer | Asked in Employment Law for Texas on
Q: I am a salaried employee I work more then 40 hrs. I don't get paid overtime, but I get docked for 2hrs when out of pto.

example is 1 week I worked 60 hrs in the week but on Friday I was feeling bad so took off 4hrs on Friday. i only had 2 hours of sick time, so on my check the deducted 2 hrs. I get paid twice a month. is this legal? My feeling is that they are treating me as a exempt employee so they don't... Read more »

Juan B Hernandez
Juan B Hernandez answered on Oct 4, 2017

The short answer is yes, as long as you are still receiving the guarantee salary. The U.S. Department of Labor Wage and Hour Division issued an opinion that might be related to your situation. In the opinion, it states: "To respond to your specific concern about whether or not an exempt... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: What can I do to employer for not paying wages?

I worked for a franchise, and I worked 40 hours my first week , which I assumed since it is biweekly pay I would receive it, but due to me not having a clock in number he told me he had to cut my hours and put it in little by little so basically if I wait 4 more checks I can receive what I'm... Read more »

Juan B Hernandez
Juan B Hernandez answered on Sep 26, 2017

If you have received your final paycheck from your employer minus the wages still due, you may need to file a claim for unpaid wages with the Texas Workforce Commission. Here is the link in order to submit a claim: http://www.twc.state.tx.us/jobseekers/how-submit-wage-claim-under-texas-payday-law

1 Answer | Asked in Employment Discrimination for Texas on
Q: i want to know if I can file a grievance against my last job for not accommodating my disability.

I worked 8 hour shifts with no break. I was a server. I even asked him if I could get purchase a tray jack & was told no. Then I was let go because of my disability even though I was able to do my job as well as the other servers. Do I have grounds to file a grievance or take affirmative action... Read more »

Juan B Hernandez
Juan B Hernandez answered on Sep 26, 2017

You might have a claim for disability discrimination under the ADA or Texas state law. Disability discrimination occurs when an employer covered by the ADA or under Texas state law, treats a qualified individual with a disability unfavorably because he/she has a disability. The law also requires... Read more »

1 Answer | Asked in Workers' Compensation, Employment Law and Employment Discrimination for Texas on
Q: I was injured from a man lift onto my spine. Filed a Workers Comp claim. 2 months later was fired.

Have a Workers Comp lawyer fighting for me. Have a EEOC Charge of Disability Discrimination in the Investigation stage and have a chance to get Right to Sue letter. Im also a protected class under ADA guidelines for Disability. Im on SSDI for scoliosis and bipolar. Employer knew this when I was... Read more »

Juan B Hernandez
Juan B Hernandez answered on Sep 26, 2017

You might have a workers' compensation retaliation claim under Chapter 451. I am assuming your workers' compensation attorney is helping you with that. If not, you may need to contact an attorney to pursue that avenue. As for your potential disability discrimination claim, more... Read more »

2 Answers | Asked in Workers' Compensation and Employment Discrimination for Texas on
Q: Employer is writing me up for false reasons after w/c claim. I feel like they are trying to fire me. What can I do?

Been with the company for almost 2 yrs. Work injury happened 5/12/17 and the only thing I had prior to filing was a verbal warning with clocking into work 5 mins late when I first started working.

Juan B Hernandez
Juan B Hernandez answered on Sep 26, 2017

Unfortunately, Texas is an "at-will" state meaning that your employer can fire you for any reason. However, should your employer terminate your employment, you may have a claim for workers' compensation retaliation under Chapter 451 of the Texas Labor Code. Texas Labor Code §... Read more »

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