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Proper Employee Classification And Payroll Practices

Employees and the number of hours they work are protected by the Fair Labor Standards Act (FLSA). Unfortunately, a large percentage of employers do not correctly interpret the FLSA. As a result, employees may not be properly categorized as salaried or hourly employees. This can result in devastating consequences.

Mills Shirley LLP, with offices in Galveston and Houston, has assisted employers across the region with these types of issues. Our experienced attorneys offer proactive legal services designed to mitigate future risks. We can review policies and procedures to ensure compliance with applicable laws, particularly as they relate to employee categories and overtime requirements.

FLSA Violations To Avoid

In addition to classification errors, other common employer mistakes that may trigger Department of Labor (DOL) investigation and/or lawsuit include:

  • Allowing employees to work off the clock
  • Improperly withholding wages
  • Paying improper minimum wage rates
  • Giving duties to minors that are in violation of the law
  • Miscalculation of overtime wages
  • Improperly calculating a bonus with regard to overtime wages

Committing one or many of these employment law mistakes may cost an employer thousands to millions of dollars in damages.

The Protection You Need

Mills Shirley‘s employment attorneys have assisted and defended employers faced with Department of Labor investigations and wage and hour lawsuits. Their experience helps protect employers’ rights by asserting the defenses to which they are entitled to accomplish minimal government intrusion and action.

Being proactive is the best initial defense to any investigation or lawsuit. Seek experienced legal guidance from one of our employment lawyers by sending us a message.


  • O’Quinn v. Chambers County, C.A. No. G-85-308, United States District Court for the Southern District of Texas, Galveston Division, 650 F.Supp. 25; 1986 U.S. Dist., Lexis 18907; 106 Lab. Cas. (CCH) P34,927; 27 Wage & Hour Cas. (BNA) 16, August 15, 1986 (Fair Labor Standards Act).