Leichter Law Firm

Are independent contractors and 1099 employees entitled to overtime pay? Very often the answer is yes. Overtime pay is owed to employees who work over forty (40) hours in a workweek. Employers often try to get around this law by classifying workers as independent contractors or 1099 employees. However, these workers are often entitled to additional money for overtime work. The Test for Overtime Generally, under the Fair Labor Standards Act, everyone who works…
At Will Employment & Wrongful Termination Wrongful Termination is a misunderstood concept. Many states, like Texas, are at-will employment states. This means that, absent an agreement otherwise, a worker’s employment may be terminated at will, for a good reason, a bad reason, or for no reason at all. Workplace discrimination however, can be illegal under certain circumstances.  The employment and termination as a whole, must be evaluated to ensure no illegal wrongful termination has occurred.…
Salaries & Overtime can Exist Many people believe that employees who are paid a salary are not entitled to overtime pay. This is not necessarily true. In fact, many workers who receive a salary are entitled to overtime pay for all hours worked over forty in a workweek. While it is true that, in order to be considered exempt from the overtime laws, an employee must be paid a salary, this is not the end…
The area of the law that deals with issues in the workplace is often referred to as “Labor and Employment Law.”  But is there a difference between Labor Law and Employment Law?  The answer is yes, there is. Generally speaking, Labor Law deals with issues involving the relationship between organized labor (i.e., unions) and management. Employment Law, on the other hand, deals with the rights and remedies of individual employees in the workplace. Because only…
Most practitioners and businesses that handle controlled substances are required to hold a controlled substances registration with the Drug Enforcement Administration. This includes physicians, pharmacies, dentists, hospitals, manufacturers, reverse-distributors, nurse practitioners, and virtually everyone else who possesses, prescribes, manufactures, or dispenses controlled substances.  Depending on the state, the practitioner or entity may also be required to hold a state-level registration issued by the applicable state entity. For example, until 2016 practitioners and entities in Texas…
Most pharmacies and pharmacists targeted for an investigation by the Texas State Board of Pharmacy can expect to receive an invitation to an informal conference at some point during their case. At the informal conference, the license holder and their attorney meet with a Board panel to answer questions and present their defense to any alleged violations of the Texas Pharmacy Act. From the perspective of the pharmacy or pharmacist, the goal of the informal…
One of the most important healthcare bills to come out of the 85th regular Texas legislative session is Senate Bill 1107. This bill, which has been signed by Governor Abbott, resets the playing field for telemedicine and brings Texas law more in line with other states. Previously, the scope of telemedicine in Texas had been restricted by statutes and Texas Medical Board rules which required a practitioner who wanted to treat a patient via telemedicine…
Since the start of the new year, Governor Abbott has appointed six new members to the Texas Medical Board. The new members, whose terms are set to expire in April 2021, include five physicians and one public member. One of the new appointees, Sherif Zaafran, M.D., has also been named the Board’s new president. Dr. Zaafran, an anesthesiologist, takes over from Michael Arambula, M.D., Pharm.D., who has severed as the Board’s president for the last…
Prior to being admitted to the Texas Bar, applicants must first demonstrate present good moral character. The agency in charge of making this determination, as well as ensuring applicants meet all other eligibility criteria, is the Texas Board of Law Examiners. The Board of Law Examiners, also referred to as the “BLE,” consists of nine attorneys appointed by the Texas Supreme Court. The ultimate decision on whether to admit an applicant to the Texas Bar…
  Some notable legislation came out of the 84th Legislative Session, at least as it relates to the practice of medicine in the state, and specifically the state’s efforts to fight prescription abuse. Senate Bill 195, passed in the most recent legislative session, serves up some significant changes to the Department of Public Safety’s (DPS) role in regulating the prescribing of controlled substances.  Effective September 1, 2016, a physician or practitioner in the state of Texas…