Weinberg Law Firm - Dallas Employment Law
National News
Overtime claims and compliance
Wage and hour matters usually manifest when disgruntled employees feel they have not been compensated properly for their work. Often, wage and hour matters are brought forth by employees who have been terminated, anticipate being terminated, or have just received a bad performance review. This is especially true when it comes to overtime claims.
Companies should safeguard against possible problems by seeking counsel to properly classify employees as exempt from overtime pay. Employers often mistakenly characterize workers as independent contractors to avoid payroll taxes, keeping track of hours worked or paying overtime. Weinberg Law Firm can help properly assess how to classify workers to minimize liability exposure under the federal wage and hour laws.
If workers are not properly classified, they may have claims for unpaid overtime against the company and individual owners/supervisors. The employees may also be awarded double (liquidated) damages. Further, if employees are successful on their claims, federal law mandates the company to pay the employees the cost of their legal fees in bringing a lawsuit. If the employer’s conduct was willful, employees may seek unpaid overtime for the past three years.
This is a predicament in which companies do not want to find themselves. Weinberg
focuses on overtime pay issues, but can handle any wage and hour claim, including those that involve working off the clock, during breaks or lunch, and other violations covered under the Fair Labor Standards Act.
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USCIS Issues Clarifying Guidance on NAFTA TN Status Eligibility for Economists
U.S. Citizenship and Immigration Services (USCIS) announced today that it is clarifying policy guidance (PDF, 71 KB) on the specific work activities its officers should consider when determining whether an individual qualifies for TN nonimmigrant status as an economist.
The North American Free Trade Agreement (NAFTA) TN nonimmigrant status allows qualified Canadian and Mexican citizens to temporarily enter the U.S. to engage in specific professional activities, including the occupation of economist. The agreement, however, does not define the term economist, resulting in inconsistent decisions on whether certain analysts and financial professionals qualify for TN status as economists.
TN nonimmigrant status is intended to allow a limited number of professionals and specialists to work temporarily in certain specifically identified occupations in the United States. This updated guidance provides USCIS officers with a specific definition of one such category – economists – allowing them to adjudicate applications in a way that complies with the intent of the agreement. This policy update clarifies that professional economists requesting TN status must engage primarily in activities consistent with the profession of an economist. Individuals who work primarily in other occupations related to the field of economics — such as financial analysts, marketing analysts, and market research analysts — are not eligible for classification as a TN economist.