The Houston Chronicle featured comments from Labor and Employment Partner Jessica Glatzer Mason regarding the increase in overtime lawsuits filed in Texas by workers and federal regulators. Over the past three years, wage-and-hour lawsuits filed in Texas have increased by 42 percent and have more than tripled over the past decade. Legal experts report that the rise is largely attributed to business owners being unfamiliar with the wage-and-hour laws and guidelines.
Ms. Mason pointed out that many businesses have policies requiring employees to obtain pre-approval before they work overtime. "Some employers think that means if you don't get that prior approval, then they don't have to pay you," Ms. Mason said. "But that is incorrect. And employers will lose on that every time." Ms. Mason recommends that employers in that situation pay for the overtime but treat it as a disciplinary issue.
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