Answers Posted By Christopher McKinney

Answer to Is it legal for an employer to continuously change an employee from salary to hourly and vice versa depending on the mood of the mood owner and to avoid paying over time in Texas?

In a word: No. Whether you are salaried (“Exempt” under the FLSA) or hourly (Non-exempt” under the FLSA) is a function of your job duties and not the whim of the employer.

posted Jul 27, 2020 07:42 AM [EST]

Answer to Lifelong disease with approved intermittent FMLA being denied 12 weeks

Based on your description I would say the company's actions are incorrect under the law. Your employer certainly can require you to submit additional medical certification that your need for intermittent leave continues. Perhaps this is what they mean by a "release"? In any event, you should contact a board certified employment lawyer in your geographic area pay for a consultation so that he/she can review your situation in detail and advise you of your rights in this case.

Christopher McKinney
The McKinney Law Firm, P.C.
Plaza at Concord Park - Second Floor
700 East Sonterra Blvd. Suite 1221
San Antonio Texas 78258
(210) 832-0932 x4 | chris@themckinneylawfirm.com
www.themckinneylawfirm.com | www.TexasEmploymentLawBlog.com | www.twitter.com/cjmckinney

posted Sep 9, 2011 07:08 AM [EST]

Answer to Am i getting cheated?

Based on the information you are providing, it would appear that your employer is in violation of the FLSA. While there are a few exceptions, an employer generally is not allowed to vary an exempt, salaried employee's pay based on the number of hours worked. Doing so causes the employee to become non-exempt and, therefore, subject to the overtime provisions of the law.

I would recommend that you consult with a competent overtime attorney as soon as possible as there are strict time deadlines applicable to claims such as this.

posted Jun 27, 2011 07:54 AM [EST]

Answer to What am I entitled to if I was fired after my boss found out I filed a claim about overtime?

You may have a claim for retaliation under the FLSA. You should contact a Board Certified employment lawyer to discuss your claim. If you wish to discuss it with me, please contact me at the address below. Take care.

Very Best Regards,


Christopher McKinney
The McKinney Law Firm
Plaza at Concord Park - Second Floor
700 East Sonterra Blvd. Suite 1221
San Antonio Texas 78258
Phone: (210) 832-0932 x2
http://www.themckinneylawfirm.com
http://www.hrlawyersblog.com

posted Dec 6, 2010 07:55 AM [EST]

Answer to Have a non compete agreement issue, can you help?

Enforce Noncompete

If you did not keep a copy of the noncompete you signed then you will need to get a copy from your employer so that an employment attorney can review it for you. If your employer refuses to give you a copy then your best option is to hire a lawyer. He or she will be able to get a copy for you.

posted May 4, 2009 09:26 AM [EST]

Answer to Guide me need free consultation. Thanks

Pregnancy Discrimination

You may very well have a pregnancy discrimination case. I recommend you speak with a board certified employment law attorney or visit the Equal Employment Opportunity Commission at your earliest opportunity.

These issues are very fact-specific and a lawyer will need to interview you in detail to give you a definite answer.

For more information on pregnancy discrimination in general, you can visit this web page: http://tinyurl.com/5ey3mu />
Very Best Regards,


Christopher McKinney
The McKinney Law Firm
Plaza at Concord Park - Second Floor
700 East Sonterra Blvd. Suite 1221
San Antonio Texas 78258
(210) 832-0932
(210) 568-4101 Fax
http://www.hrlawyersblog.com



posted Nov 17, 2008 11:36 AM [EST]

Answer to Non-compete as part of termination/severance agreement

NonCompete Agreement

The short answer to your questions is "possibly". If I understand the timing of your fact scenario properly, it is possible that the noncompete at issue is not enforceable. In order to get a legal opinion as to this issue however, you will need to sit down with a lawyer and go over the facts and the contract in detail. Noncompete law is very fact-specific and it simply is not possible to give a generalized opinion with any credibility. I suggest that you sit down with a lawyer that is board certified in employment law.

If you want some additional general info on noncompete agreements, you can visit my blog here: http://tinyurl.com/6bj4j8 .

Take care.

Christopher McKinney
The McKinney Law Firm
Plaza at Concord Park - Second Floor
700 East Sonterra Blvd. Suite 1221
San Antonio Texas 78258
(210) 832-0932
(210) 568-4101 Fax
http://www.hrlawyersblog.com


posted Nov 3, 2008 09:41 AM [EST]

Answer to Overtime at different sites?

Overtime at different sites

Generally speaking, time working at different locations for the same employer must be added together for the purposes of calculating overtime. It is not possible to give a definitive answer without knowing a little more about the corporate structure involved but at first blush it looks likely that the time should be added together.

posted Sep 30, 2008 09:04 AM [EST]

Answer to Non Disclosure and Confidentiality Agreements

Non-Disclosures vs. Non-Competes

Sounds like Company A wishes it had a non-compete agreement but doesn't and is trying to bully you and Company B.

These types of cases are very fact specific so no one will be able to give you a definitive answer on this board without reviewing your documents and sitting down to discuss the specific facts of your situation with you.

I would strongly recommend that you find a board-certified employment attorney and purchase an hour of their time to go over these issues with him or her.

You might want to visit www.TELAONLINE.org to find a good employment lawyer that represents employees.

Take care,
Christopher McKinney
http://www.hrlawyersblog.com

posted May 8, 2008 4:57 PM [EST]

Answer to workers comp

Workers Comp Retaliation

In Texas it is illegal to terminate or otherwise retaliate against an employee for his or her filing or pursuing of a workers compensation claim. Should this occur, you should contact an employment lawyer immediately.

posted Mar 24, 2008 11:27 AM [EST]