Under Texas state labor laws and payday requirements , commissions should be paid no later than the end of the month following the month in which they were earned. So for example, a commission earned in January must be paid by the end of February.

However, exceptions to the commission policy exist where there is a written agreement according to the Texas Workforce Commission. If the written agreement was signed by the employee and the employer prior to the start of employment, the terms of the written agreement would dictate payment terms.

Employers have wide latitude to change the terms of commission payment, but they cannot interfere with payment of earned commissions. An employee who continues working after the modification of a commission payment plan may be deemed by the courts as having accepted the new terms of payment.

Employees who have been denied or delayed commissions may have a cause of action against their employer for breach of contract and possibly fraud. Even without a written agreement, a provision of Texas law allows the recovery of commissions under the quantum meruit theory.

Employees may first have to file a complaint with the Equal Employment Opportunity Commission or the Texas Workforce Commission Division of Human Rights. It is best to consult with an attorney when filing the complaint as it will set the stage for a potential Texas employment lawsuit in the future.

With the advent of allergy season and the growing awareness of disability accommodation, Texas employment lawyers are facing unique challenges each day. Consider the case of the woman who exhibits all the symptoms of a severe allergic reaction including heavy coughing and watery eyes. It turns out the allergic reaction is being triggered by a nearby co-worker’s perfume. The woman has requested that her co-worker stop wearing the perfume, to which the co-worker has replied , “Sorry, but it’s a wonderful fragrance”. The woman has requested to be moved several seats away, but the boss has been reluctant to become involved.

What are the woman’s rights in this situation ? Can the employer order the co-worker not to wear the offending fragrance ?

According to the U.S. Equal Employment Opportunity Commission (EEOC) , which regulates the Americans With Disabilities Act, a person is disabled if they possess a physical or mental impairment that inhibits a major life activity.

The key question under Texas employment law is whether the woman’s allergies fall under the classification of a disability. If so, the boss’ refusal to get involved could hurt the company. Under the Americans With Disabilities Act , any serious physical condition may be considered a disability. Any condition that affects a major life activity such as breathing would be considered a disability. Allergies and asthma are certainly conditions that affect major life activities and qualify under the ADA .

So what should the employer do? Under the ADA, the employer is obligated to make a “reasonable accommodation” unless it would cause the employer an “undue burden”. There is no strict legal definition for what constitutes an undue burden. Courts will look to the size of the business and the costs of the changes. In our case, moving the woman a few seats away from the offending perfume, would constitute a reasonable accommodation, and would most likely be legally required.

Nor should you be afraid to say something if your employer refuses to make such reasonable accommodation. The ADA expressly prohibits retaliation or discrimination against those individuals who exercise their rights or assist others in doing so. If you feel you are the victim of coercion or harassment for exercising your rights, you may contact the U.S. Attorney General , or your Texas State Attorney General , and file a complaint. The Attorney General can bring a lawsuit to hold employers accountable where there is a general pattern of discrimination.

In addition, you may hire a Texas employment attorney to acquire a court injunction to force the employer to make such reasonable accommodation and pay legal fees. A San Antonio personal injury attorney can fight for your reinstatement and back pay if applicable.

It is important to note that mere offensive remarks are not enough to establish a hostile environment. Texas courts have stated that a hostile work environment cannot be established by comments which are merely offensive. No one is entitled to a perfect workplace free of annoyances. Texas employment discrimination law is not intended to be a general civility code in the workplace.

There have been rare and extreme cases under the employment cases in which a single incident will be so severe that from the perspective of a reasonable person, the environment became hostile. However, most of the time, repeated “racial slurs” in the example of race discrimination, is necessary to establish a racial harassment claim.

The question as to whether a San Antonio workplace environment is hostile or abusive can be determined only by looking at all the circumstances, including the frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or merely offensive utterance; and whether it unreasonably interferes with an employee’s work performance. You should contact your San Antonio Texas employment lawyer to discuss your options if you believe you are in a hostile work environment.

The Fair Labor Standards Act (FLSA) and Department of Labor (DOL) provide certain rules for dealing with off-duty, non-exempt hourly employees who must be on call or carry pagers or beepers while off-duty.

If an employer is going to require frequent, although short in duration, daily episodes of business activity, such as requiring an employee to regularly check more than one or two e-mails outside work hours, then an argument can be made that this is overtime work under Texas employment laws.

A Texas employment attorney can check the facts and determine whether in fact such activity is “deminimus” or insubstantial. Factors include the difficulty of recording the additional time, the amount of compensation for the time, and regularity with which the employees perform the additional work.

There are additional factors under both federal and Texas employment laws to determine overtime work. For example, many courts have held that working time increments of ten minutes per day or less are deminimus. Going back to ABC News, the writers were part of a union, but the Union did not have the right to waive the employees’ right to file an overtime claim. In today’s world, Texas employers must be held accountable for both salaried and hourly employees who conduct much of their work during off-hours using company issued equipment. Overtime pay may very well be required under Texas law.