Houston, Texas resident Mary L. Thomas filed a lawsuit against aviation security and solutions provider Huntleigh USA Corp. on Tuesday, December 13 in the Houston Division of the Southern District of Texas. Thomas claims her company violated the Fair Labor Standards Act by failing to pay her overtime.
According to Thomas’ lawsuit, she, a passenger service agent, received below minimum wage salary for her work and was not given overtime pay. She added that Huntleigh USA Corp. also did not pay her for uninterrupted meal breaks. Thomas requested a trial by jury and wants to be given all unpaid wages, liquidated damages, attorney fees, court costs, and other equitable relief deemed necessary by the courts.
If your Houston employer has wrongly classified you as exempt from overtime pay or has simply neglected to pay you overtime even though they are well aware you are eligible for it, our attorneys at Williams Kherkher can help you with your problem. Call our offices today at (888) 262-9002.
Judge Amos Mazzant of the Eastern District of Texas denied the motion of the United States Department of Labor on Tuesday, January 3 to do away with more district court proceedings in relation to the existing overtime litigation.
The United States Department of Labor asked the district court to refrain from taking any further action until the Court of Appeals for the Fifth Circuit rules on the interlocutory appeal of the injunction. The district court has already issued a preliminary injunction blocking the DOL’s new overtime rule from taking effect.
Still pending at the district court are the motions of the plaintiffs for summary judgment, which seeks a permanent injunction of the overtime rule, and a motion filed by the American Federation of Labor and Congress of Industrial Organizations to intervene in the legal complaint.
If you’re working at a company that does not pay you overtime when they should, our attorneys at Williams Kherkher can legally help you hold them liable. Get in touch with us by calling our Houston offices today at (888) 262-9002 so we can attend to your case right away.
Harris County, Texas resident J.C. Poullard, Jr. filed a class action complaint, individually and on behalf of others, on Thursday, December 1 in the Houston Division of the Southern District of Texas against Western Recyclers, Inc. The company does business as American Recycler, claiming the company violated the Fair Labor Standards Act by not paying overtime.
The lawsuit states Poullard regularly worked more than 40 hours per week at American Recycler as a driver between 2009 and October 2016, but he did not receive overtime compensation at a rate one and one-half times his regular rate of pay. Poullard is attempting a trial by jury and seeks “collective action, all unpaid overtime wages, liquidated damages, attorney fees and costs, pre- and post-judgment interest and such other and further relief,” according to the SE Texas Record.
Our attorneys at Williams Kherkher provide legal services for our clients in Houston and other areas in Texas, and we handle overtime lawsuits. Speak with a qualified member of our legal team by calling our offices today at (888) 262-9002.
The United States District Court Eastern District of Texas issued a preliminary injunction against President Barack Obama’s new law, which seeks to make workers who earn up to $47.476 eligible for overtime pay. Although the new law would have been implemented on Thursday, December 1, because of the preliminary injunction Congress will have to decide whether the implementation of the new rule will happen.
Northwest Houston Chamber of Commerce president Barbara Thomason welcomed the development and joined groups, such as the United States Chamber of Commerce and the Texas Association of Business, in their opposition of the rule. Thomason added “We are pleased with the decision to issue an injunction, halting the implementation of the Department of Labor’s proposed overtime rule. The overtime rule as proposed would have placed undue pressure, unnecessarily burdened employers, and had a negative impact on many employees.”
If you have an overtime issue with your employer in Houston or another area of Texas, do not hesitate to get in touch with our attorneys at Williams Kherkher by calling our offices today at (888) 262-9002.
Harris County, Texas resident Yasel Campos filed a class action lawsuit independently and on behalf of other parties on October 21, 2016 in the Houston Division of the Southern District of Texas. Campos is filing against Prudent Inc., alleging violations of workers compensation acts by failing to pay him overtime.
According to the lawsuit, during the time that Campos was working for the defendants as a butcher starting in August 2015, he consistently worked more than 40 hours per week without receiving overtime pay at a rate not less than one and one-half times his regular pay rate for each hour worked in excess of 40 hours per week as required by the Fair Labor Standards Act.
Campos is claiming the defendant failed to pay him overtime, was not able to maintain proper time records, and retaliated against him by firing him from his job when he asserted his rights. He wants trial by jury, an order that allows the case to proceed as collective action, all unpaid overtime wages, liquidated damages, attorney fees and court costs, and other forms of relief the judges may deem him entitled to.
Our attorneys at Williams Kherkher provide legal services in Houston and other areas in Texas and handle overtime pay issues for workers employed within the state. Speak with a qualified member of our legal team by calling our offices today at (888) 262-9002 so we can attend to your needs.
United States President Barack Obama has established a new overtime rule that would have been implemented starting in December. The law sought to give workers in the technology industry and other fields the right to receive overtime or additional overtime pay. However, a federal judge in Texas has blocked the new ruling.
The new overtime rule would be applied to businesses and government corporations with a gross annual income of $500,000 or more. Austin-based software company TrendKite’s Vice President of People Jennifer Cantu said that in their company, for example, the new rule would have affected around 30 workers. Cantu noted “the proposed changes gave us a lot of work to do and presented a big change in how we do business with our employees. Frankly, I think the businesses that didn’t prepare like we did would have issues.”
If your employer has acted against you in violation of the Fair Labor Standards Act, hire the legal representation of our attorneys at Williams Kherkher. We provide legal services for our clients in Houston and other areas in Texas. Find out more about our services by calling our offices today at (888) 262-9002.
Fort Bend County, Texas resident Cedric Fuller filed a lawsuit against oilfield services company ESG USA Inc. on Thursday, October 13 in the Houston Division of the Southern District of Texas. Fuller is claiming the company violated the Fair Labor Standards Act by failing to pay him overtime wages.
According to the lawsuit, Fuller worked as a field operator for the company in several states, including Texas, California, and Pennsylvania. During that time, Fuller said he was paid his hourly rate but did not receive overtime premiums when he worked in excess of 40 hours per week. ESG allegedly classified him incorrectly as exempt from overtime, so he was not paid the overtime rate of one and one-half times the regular rate of pay. Fuller wants trial by jury, unpaid overtime compensation, liquidated damages with penalty and interest, attorney fees, costs, expenses, and other relief as deemed necessary by the courts.
If your employer owes you overtime pay, file a lawsuit against him or her with the help of our attorneys at Williams Kherkher, who provide legal services in Houston and other areas in Texas, by calling our offices today at (888) 262-9002.
Small business owners are using the remaining time they have to prepare their companies and their employees for the impending change in overtime rules.
As the federal regulations are expected to take effect on Thursday, December 1, human resources experts say they are receiving an infinite amount of calls from business owners asking for assistance complying with the new rule. The law is expected to affect the paychecks of approximately 4.2 million workers in the country. With only weeks before the deadline, business owners and HR consultants are seeing no possibility of a deadline extension. Westmont, Illinois-based HR firm Employco President Rob Wilson said, “We’re telling clients, ‘You need to get your act together. This is happening.’”
If your employer in Houston or another area of Texas continues to deny you the overtime pay you are entitled to, seek the legal representation of our attorneys at Williams Kherkher. By calling our offices today at (888) 262-9002, we can file the appropriate lawsuit against your unscrupulous employers.
For many years, outdated overtime restrictions cost workers their time and money, as they were severely underpaid for their extra time spent on the clock; federal laws claimed they made too much money to qualify for extra payments. In order to make the labor laws easier to follow for both the employer and employee, President Obama enacted a new overtime rule in 2014 that allows millions of more American workers to qualify for overtime, as well as making it clearer to employees who are exempt. The final new rule will be enacted on December 1st, 2016 allowing business professionals to prepare for the changes.
The new overtime rule raises the salary legibility from $455 a week to $913 a week, enabling those who make $47,476 a year to qualify for overtime pay. According to the United States Department of Labor, this update extends the protections of overtime pay to an estimated 4.2 million Americans, with 370,000 new workers qualifying just in Texas. The rule also requires that the salary threshold changes every three years according to wage conditions. Businesses, in turn, will have a better understanding of who qualifies for overtime, and will either limit their hours or raise their salary.
If you qualify for the new overtime benefits, then be prepared to receive an early Christmas present this December in the form of overtime pay, a higher salary, or simply more free time. If your employer does not comply with the new law, causing you to work overtime without pay, then you should pursue legal action. At Williams Kherkher our Houston wage claim attorneys can help you recover compensation that you were robbed of. Contact our offices today at (888) 262-9002 to discuss the new overtime rules and how it applies to your claim.
Starting December 1, new rules will be implemented concerning the overtime component of the Fair Labor Standards Act, which mandates a 40-hour work week, overtime pay, and the federal minimum wage.
Under current law, businesses are required to pay certain employees 150% of their normal pay for hours worked beyond 40 hours in one week, with some employees exempt from earning this overtime pay. Employees are exempt as long as they earn at least $23,660 annually or $455 each week. The rule change increases that minimum pay to $47,476 annually, or $913 each week. Legal experts are saying that the result of the upcoming presidential elections will not likely impact the implementation of this new rule.
Employers can add non-discretionary bonuses, incentive payments, and commissions toward 10% of that $47,476 threshold, as long as these payments are given quarterly, with bonuses or commissions of up to $4,747.60 counting toward the threshold.
With new overtime rules expected to be implemented this December, it is possible that workers with higher salaries will be improperly paid by their employers. Get in touch with our attorneys at Williams Kherkher in Houston by calling our offices today at (888) 262-9002 if you have a wage claim against your employer.