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... View More

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... View More

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... View More

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... View More

$16,000,000 is a lot of money. Even 5% or 10% is a significant money to walk away from.

If you can prove what you say, then ex-manager may have a serious problem on his hands. A person cannot just patent someone else's invention. It is thus possible that the patent is invalid. I am... View More

If you are hurt at work, you need to report your injury as soon as possible. You should try to have it reported in writing. You should also try to see a doctor to document your injury. You will also need to know if your employer carries a policy of workers' compensation with the Texas... View More

Your employer probably pays group health premiums on your behalf and you also pay a portion. The same is probably true with your life insurance. If you aren't working, then they will not continue to make payments on your behalf until you return. They will and can legally cancel your private... View More

Yes, you say they are "self-insured" that has a legal meaning that they still adhere to the wc rules. However, if they are a "nonsubscriber" that is different, but you can sue them for negligence and the case is treated as a personal injury case rather than wc. . As long as they... View More

Their response saying you were not employed long enough is laughable! If you are employed for a moment that would be long enough. Speak with a wc lawyer and pursue your claim. I hope they insist on that defense when you take it to a hearing. File a claim with DWC as soon as possible. Good luck.

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... View More

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

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... View More

Assuming your company knew about this, they wouldn't have paid if someone else was primary--and if they did they would have made a claim against them.

By the way, if they didn't know you used your car for work you may want to let it be--otherwise they can cancel you as most... View More

Hi, you laid out your question in a clear concise manner so I hope I can provide the same type of answer for you. The type of injury you apparently have is called a repetitive trauma or occupational disease type injury. These type of injuries are notorious for having a date of injury that can be... View More

As you probably already know the 4% allows you to receive 3 weeks of IIBs for each point, or 12 weeks of IIBs. Your income benefits end at that point, sorry. But as DWC and the carriers lover to point out, you get life-time medical for your injury, as long as you can prove the medical treatment is... View More

First you need to discover whether the employer has wc insurance. No doubt if it has been more than 30 days since the incident the employer will not remember being told. It would be a good idea to give written notice. This type of injury has VERY specific parameters that must be followed because it... View More

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answered on Aug 20, 2017

In most states, the laws are set up as "right to work" laws. That means that people have no CONTRACT or RIGHT to remain employed.

This happens all the time, because Legislators favor businesses, not individuals, when it comes to job creation.

Telling workers not to report an injury is a "No, No"! Once your employer know of the injury it is its duty to report the injury to the carrier and file the paperwork, even if the employee begs it not to report the injury if it is a lost time injury. Protect yourself by giving written... View More

While employer guidelines may vary, the licensing board has specific requirements for reporting. You will want to have your specific guidelines analyzed by an attorney to ensure compliance. While arrests can be expunged if a case never follows and the statute of limitations has passed, most DWI... View More

Contact a member of the Texas Trial Lawyers Assn who handles employment issues--they give free consults. Remember, only certain things are forbidden. Employers being jerks is allowed.