Have a Dispute? Talk to a Houston Wage & Hour Law Attorney
Speak with The Clifford Law Firm, PLLC for Knowledgeable Advice
Attorney Dennis Clifford is well versed in the Fair Labor Standards Act. He regularly litigates class and collective-action lawsuits involving claims for unpaid overtime wages and he has written many articles on the subject. He also frequently gives lectures and presentations about overtime issues to legal associations and trade groups.
How the Firm Can Help:
Exempt v. Nonexempt Classifications
Mr. Clifford has performed more than 150 exempt-status assessments for employers. He stays up to speed on the applicable case law because he is constantly involved in litigation over the exempt status of employees. He frequently advises employers on the administrative, executive, professional, highly-compensated, computer-employee, outside-sales, seaman, and motor-carrier exemptions.
Independent-Contractor Classifications
Companies often need help determining whether contractors are entitled to overtime under the FLSA. Mr. Clifford advises companies on how the various independent-contractor factors weigh in favor of employee or independent-contractor status. He also helps businesses structure arrangements with workers that minimize the risk of creating an employment relationship.
Joint-Employer Relationships
Some arrangements between companies can create a “joint-employer” relationship under the FLSA. As joint employers, both companies are liable for all damages arising from wage-and-hour violations—even if their agreement expressly provides that only one company is responsible. As a result, the worker can sue either company (or both) to recover the full amount of damages. Houston employment law attorney, Dennis Clifford, helps companies develop strategies to guard against these joint-employer claims.
Timekeeping Practices
Employers often seek The Clifford Law Firm’s guidance on whether time spent performing certain activities should be counted as work time. Common issues include travel and training time, pre- and post-shift activities, and meal and rest breaks. The attorney also provides guidance on best practices for timekeeping, including rounding practices, automatic deductions, pay-to-shift plans, and exception reporting.
Payroll Practices
An employee’s overtime rate should be 1.5 times the “regular rate.” However, employers often fail to count certain payments, such as bonuses and commissions, when computing the regular rate. As a result, they often pay their employees based on incorrect overtime rates. Mr. Clifford has substantial experience in this area. In fact, he wrote “The Regular Rate” chapter in the leading treatise on wage-and-hour law. Given his extensive background in this area, he is often hired to help companies calculate the regular rates and overtime rates for their employees.