FAQs
My employer told me that I am not entitled to overtime because I get paid a salary. Is that true?
This is a common misconception. The general rule is that all employees are entitled to overtime. Your employer cannot avoid paying you overtime simply by switching you from an hourly employee to a salaried employee. Your job must fit into one of the Fair Labor Standards Act (FLSA) exemptions.
I am a salaried employee. Can my employer make deductions from my pay if I don't work at least 40 hours per week?
No. A true "salaried" employee must be paid without regard to the quantity or quality of his or her work. There are some exceptions. However, if your employer treats you like an hourly employee, such as docking your pay for being one hour late, you may be entitled to overtime. You may also be entitled to overtime, even if you are otherwise exempt, if your employer requires you to make up missed time.
I get "comp time" instead of overtime. Is that legal?
Generally, no. The law allows public employers (government) to pay their nonexempt employees compensatory time off, or "comp time," in lieu of overtime. Private employers do not have that option. They must pay overtime.
I am a waiter or waitress, and I only get paid $2.13 per hour. Is that legal?
Generally, yes. However, many restaurants abuse the system. When the employee has the opportunity to earn tips, the law allows an employer to pay its employees $2.13 per hour and to count the employee's tips toward the employer's minimum wage obligations. Your employer cannot require you to come in early or stay late to clean or complete other "side work" unless you are paid the full minimum wage. Your employer is also prohibited from making you wait to "clock in" until you start waiting tables. If you are required to be at work at a certain time, you must be compensated. The same rules apply to training. An employee must be paid the full minimum wage for training.
Do you take cases against big companies?
Yes. We take cases against all different types of large and small companies.
Should I go to the Equal Employment Opportunity Commission (EEOC) before hiring a lawyer?
The deadlines for filing most employment discrimination claims are relatively short-180 days from the date of the discriminatory act under Texas law and 300 days under federal law. In some cases, the deadlines are even shorter. If the deadline is close, it is most important to file the claim on time, even if you do not have an attorney. However, we handle the filing of EEOC claims for our clients and, absent a concern about the filing deadline, we do not recommend that others file with the EEOC without getting representation first. Mistakes can be made in the filing of the claim and in the course of the investigation at the EEOC that can have serious adverse effects on your claim.
Are non-compete agreements enforceable in Texas?
It depends. Non-compete agreements are subject to strict statutory requirements in Texas. To be enforceable, a non-compete agreement must be properly drafted, applicable to the proper circumstances and meet other statutory requirements. We regularly conduct consultations to review non-compete agreements, discuss the circumstances surrounding their execution and other relevant information to determine whether an agreement is enforceable.
Should I wait until I am terminated to consult with an attorney?
No. We regularly consult with persons who are still employed but are being mistreated or believe their employer may intend to terminate them. Consulting with an attorney before a termination can help you learn what your rights are and how to preserve any claims you may have in the event of a termination. We have seen a number of good cases ruined because the employee did not understand the law and made bad decisions toward the end of their employment. In those circumstances where the legal options are not strong, we can often provide advice to help an employee improve his or her situation at work.