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Texas judge denies DOL motion to stay proceedings against overtime litigation

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.


Northwest Houston Chamber of Commerce joins opposition of overtime rule

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.


Texas judge blocks new law that would increase overtime pay

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.


Small businesses preparing for new regulations regarding overtime

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.


December is The Time for Overtime

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.


House passes bill seeking to delay implementation of new overtime rule

The United States House of Representatives passed a bill, the Regulatory Relief for Small Businesses, Schools, and Nonprofits Act, which seeks to delay the implementation of some of President Obama’s new federal regulations.  Obama’s executive order, which was signed in 2015, would mandate the expansion of overtime pay to an estimated 4.2 million workers.

The measure, which received support from small business advocacy groups, seeks to delay the implementation of the law to June 2017 from December 2016. Business owners are generally of the opinion that the federal regulations place unnecessary burdens on small business groups by adding to their labor costs

According to the Thomson Reuters/PayNet Small Business Lending Index, small business borrowing increased by nearly 9% in August 2016, up from from 123.1 in July. The August borrowing was down by 1% from the same period last year. Business counseling organization SCORE will give a free lecture on the new overtime regulations on Thursday, October 20.

If your employer fails to pay you the proper overtime rate, or if you have other issues regarding your overtime pay, seek the legal assistance of the attorneys at Williams Kherkher by calling our offices today at (888) 262-9002.


21 states sue Obama administration for new overtime law

The federal government was sued by 21 states on Tuesday, September 20 over their new labor rule, which provides overtime pay for all American workers who earn up to nearly $50,000 per year, over twice the current threshold, and is set to take effect on Dec. 1, 2016.

In a statement, Nevada Attorney General Adam Laxalt, who led the filing of the lawsuit, said: “The Department of Labor’s new overtime rule is the latest in a series of unlawful, overreaching, and unilateral actions taken by President Obama’s administration. Longstanding federal law requires an overtime exemption for ‘bona fide executive, administrative, or professional’ employees.”

Laxalt added: “The Department of Labor…is forcing state, local, and private employers to pay overtime to any employee who earns under a certain amount, regardless of whether that employee is actually performing ‘executive, administrative, or professional’ duties.”

Among the states included as plaintiffs in the lawsuit are Georgia, New Mexico, Alabama, Arizona, Arkansas, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Michigan, Mississippi, Nebraska, Ohio, Oklahoma, South Carolina, Texas, Utah, and Wisconsin.

Our attorneys at Williams Kherkher, who provide legal services in Houston or other areas in Texas, handle overtime or wage disputes and claims. If you have questions regarding your particular situation, or if you would like to find out more about the legal services that we offer, call our offices today at (888) 262-9002.


Obama vows to veto bill that would delay new overtime rules

In a statement released by the White House on Tuesday, September 27, President Barack Obama vowed to veto a bill known as the Regulatory Relief for Small Businesses, Schools, and Nonprofits Act. The bill seeks to delay the implementation of the Department of Labor’s new overtime laws – which were supposed to take effect on Dec. 1, 2016 – to June 2017.

“If the President were presented with HR [House Resolution] 6094, he would veto the bill,” the Office of Budget and Management in the Executive Office of the President said. The Republican-backed House of Representatives recently passed this measure and sent the Senate a version of their bill.

Employees who work beyond the hours of their agreed upon employment contract are eligible for overtime pay. However, some businesses do not properly compensate their employees. If you are not paid for your work in Houston or another area of Texas, seek the legal assistance of our attorneys at Williams Kherkher by calling our offices today at (888) 262-9002.


Senate Cafeteria Workers Win $1 million in Backpay

Even in the lawmaking center of the country, fair wage laws can still be broken, as can be seen in the recent case where the US Department of Labor found that the US Capitol underpaid its cafeteria workers $1 million over the last several years.

The private contractor used in the Capitol’s cafeterias, Restaurant Associates, and a subcontractor, Personnel Plus, were found to be at fault for underpaying their workers by misclassifying personnel into lower-paying positions and asking them to work overtime without extra pay.

The Department of Labor’s six-year investigation found that 604 employees were underpaid by Restaurant Associates in violation of the Fair Labor Standards Act. The company is currently working to pay $1 million in back pay to current and former employees. It is currently yet to be determined whether or not Restaurant Associates will be able to hold future federal government contracts. The Department found Personnel Plus also guilty of underpaying the cafeteria workers, though the company has repeatedly denied taking any role in the withholding of wages.

No matter the size or standing of the company, the lawyers at Williams Kherkher are ready to fight for workers’ rightful claim to the wages they have earned. Call our Houston offices at (888) 262-9002 to discuss your case with one of our experienced wage claim attorneys.


Oilfield services company WadeCo Specialties ordered to pay $439,000 in back-wages to employees

Following an investigation by the United States Department of Labor (DOL), WadeCo Specialties was ordered to pay more than $439,000 to fifty employees for back wages and other damages. According to the Midland Tribune The investigation found that Wadeco Specialties, a Midland-based oilfield services company, routinely mis-classified employees as exempt from the overtime requirements set by the Fair Labor Standards Act (FLSA). This allowed the company to avoid paying overtime wages to individuals who should have been eligible for such payment.

These employees regularly worked more than 40 hours per week, but were paid a flat salary with no overtime pay. The DOL investigation found that the employees actually belonged in a different classification and were owed damages and overtime pay as a result. It is important to note that although certain employees may be exempt from overtime, the majority of employees in an organization are most likely not exempt from overtime pay.

When companies intentionally or accidentally mis-classify employees, the workers invariably suffer the consequences. The oilfield FLSA attorneys of Williams Kherkher believe that all employees deserve to be paid a fair wage for the number of hours they have worked, and have pushed to hold companies accountable for the wages they owe. For more information, contact an attorney at 800-220-9341.