Personal Injury Lawyer

Laredo Texas

Employment Law / FLSA / WARN Act - How an Attorney Can Help If Your Rights Have Been Violated

Texas attorney John R. Solis represents workers whose rights have been violated by companies that ignore important laws such as the Fair Labor Standards Act and the WARN Act.

Attorney Solis knows that complicated issues can arise on the job concerning overtime pay and other wage issues. A layoff or company closing can have a dramatic impact on the life of a worker, his or her family and the community at large.

Fortunately, certain state and federal laws have been created to protect workers from abuses by employers.  But unfortunately, some companies in Laredo and throughout Texas ignore rules and regulations and take advantage of their employees.

What is the Fair Labor Standards Act?

Attorney Solis is well-versed in the Fair Labor Standards Act (FLSA), a federal law created in 1938. What does the act do? The FLSA has been amended several times over the decades but it establishes:

  • Minimum wage (not less than $7.25 per hour)
  • Overtime pay (at least one and a half times the regular rate of pay for time that exceeds the 40-hour work week)
  • Recordkeeping (employers must post the FLSA requirements and keep employee time and pay records)
  • Youth employment standards (the FLSA protects children by prohibiting them from working in certain jobs and under certain conditions)

The FLSA applies to employees in both the private and public sector. Some employees may be exempt under the statute due to their job classification, but it's important to speak with an overtime attorney about your specific circumstances. That way, you can get help in determining the best way to proceed with a wage dispute.

If you have not been fairly paid your wages, you should speak immediately with a Texas overtime lawyer.  You may be entitled to compensation. The Law Office of John R. Solis represents workers from all walks of life who need legal help with unpaid wages. Whether you're a minimum wage earner or you are classified as a manager or supervisor who is paid a salary, you have rights under the FLSA. Call Attorney Solis today for a free and confidential consultation.

What is the WARN Act in Texas?

Anyone who is laid off without warning understands how devastating this loss can be. The law, however, ensures that Texans who suffer job losses without proper notice will be compensated. Under certain circumstances, employers in Texas have to provide notice 60 days in advance of plant closures and mass layoffs. The federal Worker Adjustment and Retraining Notification Notices (the WARN Act) was created to protect the rights of workers, their families and communities.  A Texas WARN Act attorney knows that lawsuits sometimes are necessary when employers violate this important Act.

The Act applies to businesses with 100 or more full-time workers (workers with less than six months on the job or who work less than 20 hours per week are excluded).  The Act protects hourly and salaried workers as well as those employees in management and supervisor roles.

What is considered a mass layoff under the WARN Act?

  • A layoff of between 50 and 499 full-time workers at a single site of employment and that number represents 33 percent of the number of full-time workers at that single site of employment.
  • A layoff of 500 or more full-time workers at a single site of employment.

A WARN notice is NOT required if you voluntarily quit or you are fired for cause. Others who are not protected under the act include workers on strike who those who have been locked out in a labor dispute; workers hired on a temporary basis; business partners, consultants or contract employees; and employees in the public sector.

Should I speak with an attorney in Texas about my employment issue?

If you lost your job and your employer violated the WARN Act, you may be entitled to receive back pay and benefits for the period of the violation, up to 60 days. In addition, an employer is subject to a civil penalty.

Both the WARN Act and the FLSA are complex, which is why it's important to speak to an experienced lawyer to know your rights.  Call John R. Solis today to arrange a free consultation: 866-465-9093. You can also reach the law firm by completing the online contact form.