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…