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
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
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
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.
The statutory amendments to the Texas Nursing Practice Act as proposed by House Bill 3961 came into effect on September 1, 2009. The Amendments were largely suggested by the Texas Board of Nursing’s executive staff and attorneys in an effort to circumvent difficulties they were experiencing prosecuting disciplinary and licensure cases involving the nursing practice
Recently I have been the attorney of record in nursing license defense matters against the Texas Board of Nursing for a number of registered nurses and licensed vocational nurses (RN & LVN Practice) in cases where a low level EtG test is in issue despite clear indications that these test results are inadequate proof of
Within the last two weeks my firm has signed on as clients two pharmacists who have encountered first-hand the aggressive tactics used by investigators at the Texas State Board of Pharmacy. This is something I feel all pharmacists and pharmacy technicians need to be aware of so they do not inadvertently damage themselves or
Functioning under the authority of Chapter 467 of the Texas Health and Safety Code, the Professional Recovery Network (PRN) provides intervention, treatment & continued support and advocacy to dentist’s suffering from chemical dependency and/or mental illness with the goal of integrating them back into professional practice. Due to its confidential nature, the PRN offers an
In lieu of public discipline, the Texas Medical Board has the option of offering a Confidential Rehabilitation Order (Private Order) to a physician who suffers from certain drug or alcohol related problems and/or mental health problems or disorders. Outlined under Title 22, Section 180.1 of the Texas Administrative Code, the purpose of an order is
Established under Chapter 467 of the Health and Safety Code, TPAPN is a state-approved peer assistance program for Texas nurses. Operated by the Texas Nurses Association, TPAPN offers licensed nurses who are impaired by chemical dependency or mental illness an opportunity to undergo treatment and to safely return back to nursing practice -all under the
