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Australian mining firm alleged of underpaying employees in Texas

A multinational mining company in Australia, BHP Billiton Ltd. is facing a lawsuit in Texas due to allegations that they improperly paid their security guards, an article of The Sydney Morning Herald reported on September 26.

Reports said a class action lawsuit was filed against BHP Billiton Petroleum and two other companies due to complaints that they have violated the Fair Labor Standards Act. The defendants were allegedly intentionally underpaying at least 50 of their employees working as gate security guards in the petroleum facility. Aside from underpayments, the claim also alleged that the employees were not given overtime payments after their employment status suddenly changed to classify them as independent contractors. Companies BHP Billion and Chapa Gate Guard Service were identified as defendants in the class action suit initially filed by Linda Cox.

In the situation that you suspect you are not getting the right compensation for your work, consulting a skilled legal team is worth considering, especially if you are dealing with big offshore companies. Call the employment lawyers of Leichter Law Firm in Austin at (956) 205-0884 to learn more about your legal options.


Things employees can do after being denied overtime pay

Every employee should know they are entitled to be paid for all the hours that they work. So, when employers require their employees to extend the time they work past the standard 40 hours per week, workers are entitled to receive a corresponding payment for the time they spent working. Below are some actions employees could take if they believe they are being denied their overtime pay.

  1. Record the exact hours you spent at work. Though some companies may actually have their own timekeeping system, employees may want to have their own copy as proof of their time rendered at work.
  2. Notify the U.S. Department of Labor if you suspect your employer wrongfully classified you as an on-call employee, volunteer worker, or independent contractor. By filling out the SS-8 form of the IRS, employees will know if their employer deliberately misclassified them.
  3. Contact an attorney who specializes in employment law to help you move your case forward.

If you are forced to handle intimidating employers, fear not. Discuss your situation with an attorney at the Leichter Law Firm in Austin today by calling (956) 205-0884.


Leichter Law Firm files overtime pay lawsuit on behalf of nurses

The Leichter Law Firm PC has increased its focus on the representation of nurses who have been deprived proper overtime pay. The firm has a history of representing health care professional in licensure and disciplinary proceedings. However, with the addition of Board Certified Employment Law Specialist David Langenfeld, the firm has become aggressive in pursuing the recoupment of unpaid overtime wages for nurses.

As a general rule, LVNs are entitled to overtime pay for all hours worked over 40 in a workweek, as are RNs who are paid hourly or who are employed in areas outside a clinical setting, such as utilization review or coding. The most common violations involve automatic meal deductions, off-the-clock work before and after shifts, unpaid travel time between home health visits, and charting while off the clock.

The firm recently filed a lawsuit against HMG Park Manor of WestChase, LLC d/b/a Park Manor of Westchase on behalf of a group of nurses who allege they had time automatically deducted for meal breaks when they were not completely relieved of duty. The case was filed in Federal District Court for the Southern District of Texas, Houston Division. The nurse plaintiffs have requested that the case be certified as a collective (class) action and that notice be sent to other nurses who may have also been deprived of proper overtime payment during the past three years.

The nurses are represented by David G. Langenfeld of the Leichter Law Firm PC. Mr. Langenfeld is Board Certified as a specialist in Labor & Employment Law by the Texas Board of Legal Specialization. Of the more than 90,000 lawyers licensed to practice law in the State of Texas, less than 1% hold this prestigious designation.