Allen M. Stewart’s Answers

The answer to your question is that your towing company employer may owe you for overtime pay. If the towing company operator treated others as he treated you, a labor class action may also be appropriate. From the facts you have provided, there are additional questions that would need to be answered to determine your rights and the potential remedies available to you. I would be happy to talk with you about the matter. Please feel free to contact me.

If the normal work day you hired on for is an 8 hour day, and in the past when you have worked a 10 hour day you received overtime for the additional 2 hours, that is really good evidence that your employer owes you overtime for days exceeding 8 hours. However, in most instances an employer has the right to change the work hours expected of its employees without having to pay overtime, provided that the employee does not work more than a 40 hour work week. For example, in most instances an...

You may have a Fair Labor Standards Act claim against your employer. This will depend on whether your job qualifies under federal law as an hourly position rather than a salaried position. Just because your employer calls you salaried, does not mean federal law considers you a "salaried employee." If the law considers you an hourly employee, then you are entitled to overtime pay, which is at one and one half times your hourly rate of pay for every hour you work over 40 hours a week. Without...

If your looking to provide a valuable service that is not currently available, I recommend that you offer video that has already overlaid the written transcript onto the video frames, so that, the lawyer who intends to use the video later doesn't have to pay for that service later. If you build that model and make the price attractive, I believe lawyers will buy it.

The federal minimum wage laws should apply to you and your colleagues from the limited description you've given . If you'd like to talk further about it, please email. We'd be happy to speak with you further if you would like.

Texas is a state that generally allows employers to terminate employees without cause. There are exceptions to this rule, such as when the employee has an employment contract that specifies the company needs cause to terminate the employee. The facts you have provided, while a good start on a conversation with an attorney, will require a lawyer to follow up with further detailed questions to determine if a lawsuit is warranted against either your husband's former employer or the family accusing...

You have essentially asked two questions and I'll answer them in the order you asked them. Your first question: "Can you sue a person who is wrongfully in possession of your property?" The answer is "Yes." Texas civil law allows you to sue other people who are in wrongful possession of your property. If the person actually intended to wrongfully take your property, then that is theft. If the person didn't know it was actually your property and took it or is now in wrongful possession of it,...

Your question mentions a class action lawsuit against the manufacturers of the drug Dilantin. It is important for you to know that in cases where a drug has caused personal injuries the cases are often first filed as individual cases, and not class claims. If enough of those claims are filed, courts then may "consolidate" those personal injury claims together to deal with some legal issues jointly. This is different than a "class action", which allows even a single person to file a claim on...

The answer to your question under federal law is that you are entitled to back pay for any and all overtime (at a rate of time and a half) you worked for your employer, potentially for the last three years dependning on the specific circumstances of your case. In the event that there are other employees your employer treated as salaried, who actually should have been treated as hourly, a labor class action might be appropriate. If you would like to discuss the particular facts of your...

It appears that you may have a valid claim against the insurer and that it may form the basis for a class action if the insurer is treating other insureds in the same manner (they usually are). In order to determine whether my firm could help you, we would need to see the actual insurance contract language, ask some follow up questions and then discuss your rights and potential remedies available to you. I would be happy to talk with you further about this matter. Feel free to contact me.