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Kaplan Law Firm Secures $219,500 National Collective Action Settlement for Workers’ Unpaid Wages

Kaplan Law Firm, PLLC and co-counsel Central Texas attorney Edmond Moreland recently settled a nationwide wage and hour collective action on behalf of 46 plaintiffs located across the country, including a plaintiff in Austin, TX.  The total maximum settlement value was $219,500, with $88,000 in attorneys’ fees and expenses, and a maximum amount of $131,500 available to be claimed by plaintiffs and the settlement class.

“This settlement was the result of persistent and thoughtful negotiation.  I am pleased that we reached an agreement right here in Texas that ensures that hard-working people, from Austin all the way to the East and West Coasts, will have the opportunity to receive just compensation for the hours they worked.  It is an honor and a privilege to be able to do this work, and to seek out and secure justice for these workers,” Austin Kaplan said.

Kaplan Law Firm, PLLC is an employment and civil rights firm in Austin serving clients throughout Texas.  Founder Austin Kaplan was recently selected as a Super Lawyer Rising Star by Thomson Reuters and is a finalist for the 2016 Austin Under 40 Awards in the legal category. An active member of the community, Kaplan is President-Elect of the Austin Young Lawyers Association and the Former Chairperson of the City of Austin’s Ethics Review Commission.

Learn more about the latest from Kaplan Law Firm here:  http://kaplanlawatx.com/press/

Austin Kaplan Honored by Texas Bar Foundation

Mr. Austin H. Kaplan with Kaplan Law Firm, PLLC has been elected to membership in the Fellows of the Texas Bar Foundation. Fellows of the Foundation are selected for their outstanding professional achievements and their demonstrated commitment to the improvement of the justice system throughout the state of Texas. Election is a mark of distinction and recognition of Mr. Kaplan’s contributions to the legal profession.

See Texas Bar Foundation Press Release

I am in a committed same-gender relationship. Am I entitled to get married, and then get benefits?

Yes.IMG32572

On June 26, 2015, the U.S. Supreme Court in Obergefell v. Hodges, 576 U.S. ___, No. 14-556 (June 26, 2015), held that the Equal Protection and Due Process Clauses of the Fourteenth Amendment require marriage for same-sex couples be afforded “on the same terms as accorded to couples of the opposite sex.” Id., slip op. at 27.

The opinion took effect immediately upon issuance.

Texas County Clerks began issuing marriage licenses shortly after the opinion was issued, on June 26, 2015.

The state of Texas, including all public employers, began providing benefits to married same-gender couples as of July 1, 2015.

If you are in a committed same-gender relationship, are otherwise qualified to be married, and have been denied the right to marry since June 26, 2015, your rights may have been violated.

If you are married to a spouse of the same-gender, and have requested but are being denied benefits that opposite-gender married couples receive, your rights may have been violated.

To quote a lawyer who normally defends businesses:  “The Supreme Court decision is very broad. This issue is done. Make the changes and move on.”

 

The Company Says I’m An Independent Contractor. Can I Get Overtime?

Unpaid Overtime and MisclassificationEmployee misclassification costs the state of Texas millions of dollars each year.  Employers who knowingly misclassify employees are also likely committing payroll and tax fraud.  If you are paid “under the table” by your employer, your employer has also likely violated multiple laws.

If you are considered an “Independent Contractor” or a “1099” but are subject to an employer’s control (i.e., your boss tells you how to do your job, when to show up, how much to charge, gives you tools, and disciplines you) or you are dependent on your employer for work, you may be a misclassified employee, and may have legal rights and significant claims to significant amounts of unpaid overtime.   Examples of often misclassified workers include legal assistant, oil field workers, technology workers, and software programmers.

Additionally, lawsuits are pending across the country against Uber, Lyft, Instacart for misclassification.  If you work for one of these companies, you should contact an employment law attorney today to find out your rights.

Texas Law provides relatively weak protections for workers who are misclassified.  However, you still have rights.  Private, civil lawsuits under federal law provide strong protection for workers who are misclassified, and are the primary method of holding employers who are breaking this law accountable.  If you were misclassified and worked more than 40 hours in any workweek, you may have a claim for unpaid overtime.  If you have been illegally classified as an independent contractor by your employer, it is important that you file a lawsuit immediately, for two reasons:

  1. Timelines for these lawsuits are short; and
  2. Wage and Hour / Overtime / Misclassification / Minimum Wage lawsuits are the only way to ensure a level playing field among businesses (to avoid giving an unfair advantage to business that illegally fail to pay employees overtime and other required wages), and to avoid worker exploitation.

Similarly, if you were classified as an independent contractor and paid overtime, but are now being paid on salary and are being asked to do the same tasks and work overtime without additional pay, you may be entitled to compensation for that overtime work.

If you are an independent contract but think you may actually be an employee or you are salaried and are no longer being paid overtime like you used to be, you may be entitled to compensation and your rights may have been violated.

Am I Bound by this Non-Compete Agreement?

Non-compete agreements (sometimes called non-competition agreements or covenants not to compete, and often including non-solicitation of employees and non-solicitation of customers) are increasingly common across all levels of employees.  Historically, these agreements were reserved for key employees with highly specialized know-how or training, or employees who had “the keys to the castle” for the employer (picture the handful of people who know the formula for Coke).

Recently, employers have greatly expanded their use of non-competes.  Employers in Texas have made fire inspectors, hairdressers, and fitness professionals sign non-competes.  Famously, the sandwich chain Jimmy Johns makes the employees who assemble the sandwiches sign non-competes.

Angry boss reviewing noncompete

Signing a non-competition agreement?

Some examples of employees who are often bound by such agreements include:

  • software developers
  • programmers
  • supervisors and managers
  • sales executives
  • sales managers
  • brand and content managers
  • engineers

There is a nationwide conversation taking place about the use of non-competes.  As many commentators have recently discussed, companies gain great protection from these agreements, and there is little downside to making employees sign them.

For employees who have not yet signed a non-compete, they can seek out legal advice as to the potential affect of that document, and provided they have leverage, can negotiate its terms.  This up-front negotiation can be very valuable to the employee in the long run.

Unfortunately, lawyers who represent individuals usually see a non-compete for the first time as the employee is on the way out of the company or gearing up to leave and compete, either with an existing competitor or by opening up their own competing business.

The key questions in that scenario are:

  1. Is the non-compete agreement enforceable?
  2. What does is prohibit me from doing?
  3. If I think I might violate it, what is my exposure, and given that exposure, how should I proceed?

Unpaid Interns

Unpaid interns across the country are recovering significant settlements. The latest news of a settlement broke today. According to Reuters:

Viacom Inc agreed to pay $7.21 million to settle a class-action lawsuit by thousands of former interns who said the owner of Comedy Central, MTV and Nickelodeon did not pay them, despite their having done work similar to paid employees.

This settlement would cover roughly 12,500 interns, and is pending approval by the court.  Although these claims are increasingly common elsewhere, they seem to be just getting started in Texas.

unpaid interns texas alamo austin central texasFolks who work or have worked as unpaid interns may be able to sue for back wages, liquidated damages of twice their back wages, unpaid overtime, and the attorneys’ fees incurred exercising their right to be paid a fair wage.

But, the law has strict deadlines, and every week that goes by could mean lost claims, so do not delay in determining whether your rights have been violated.