Rosenberg & Associates

Can your employer average your hours over 2 weeks?

2026-10-19T16:11:16Z

Though you earn an hourly wage, you typically get paid every two weeks. This means that there are generally two pay dates every month, although some months will have three, depending on when those dates fall and how many days are in the month. One week, you end up working 50 hours. The company has a project that needs to get done, and you are excited to be paid overtime for the extra 10 hours. However, when your paycheck comes, you realize you did not actually make any overtime pay at all. The company had a slow week after the project was completed, and they only needed you to work 30 hours. Your boss just averaged that out over the two weeks, paying you for 40 hours each week. Is this legal?

Averaging is illegal

No, it is not permissible for your boss to average your hours. You would still need to be paid for the 10 hours of overtime, at time and a half your normal rate. Even though you worked 80 hours in total, you should still be paid for 50 hours the first week and 30 hours the second week. Often, the reason that employers try to average things out is not just for convenience. They are deliberately trying to get out of paying you time and a half. This is a form of wage theft, and it means you are being paid less than you deserve. Your employer may insist that they can average your hours if they want, but that is not the case under the law. If you believe you have experienced wage theft, be sure you know what legal steps to take.

Sexual harassment happens to both men and women

2026-10-05T19:54:27Z

Often, when people consider sexual harassment in the workplace, they have a tendency to imagine that the victims are female and the perpetrators are male. There are stereotypes about a male boss harassing his female secretary, for example, using his position of power to keep her from speaking up. These things certainly do happen, and it is important to be aware of the potential for illegal sexual misconduct. However, the Equal Employment Opportunity Commission (EEOC) notes that both victims and harassers can be men or women. It is absolutely possible for a male worker to be sexually harassed by a female coworker, for example. In this sense, it is important not to let stereotypes define the only way that a person thinks about sexual harassment. Even when someone's situation does not fit that stereotype, they could absolutely have a valid claim.

Both people can be of the same gender

Likewise, the EEOC notes that there does not even need to be a gender difference between the two people. A male worker could be sexually harassed by a male coworker, and the same is true for two female coworkers — or for a lower-level employee and a manager, supervisor or executive. In other words, the key thing to remember is that many sexual harassment cases can look a bit different and that there is the potential for anyone to face this type of mistreatment on the job. All employees are protected under the law, and sexual harassment of any type is illegal. Those who experience it, especially if they are worried about retaliation when they speak up, need to know exactly what legal options they have.

3 ways bias may affect promotion decisions

2026-09-29T18:54:55Z

You may have spent months or even years working toward a promotion. If you have strong reviews and the right experience but your employer chooses someone else, you may want to know why. Employers often weigh several factors when deciding who moves up, so losing out on a promotion does not by itself prove discrimination. Still, federal and Texas laws bar covered employers from denying you a promotion based on protected traits such as race, national origin, sex, disability or age if you are 40 or older. Bias might influence how your manager judges your work, which assignments you receive or what your manager assumes about your abilities. Here are three ways those issues may come up when your employer decides who moves up.

1. Your manager holds you to a different standard

Employers often compare candidates based on their work, skills and experience. A problem may arise when your manager expects more from you than from another worker seeking the same role. You might meet the stated requirements yet hear vague criticism about leadership or work style. If your manager overlooks similar issues for another candidate, that difference could matter when the treatment appears tied to a protected trait.

2. You get fewer chances to build your record

Your assignments can affect your chances of moving up. If managers give major projects or lead duties to other workers, you may have fewer chances to build the experience they value for a promotion. That pattern might matter if a protected trait seems to influence who gets those opportunities. Your employer could later favor someone who had more chances to build that experience.

3. Stereotypes influence the choice

A manager may assume that your age or disability limits what you can handle at work. If comments like that come up around the promotion, they could help explain why your employer chose someone else. Your past reviews might also matter if they do not match the reason you were passed over.

Review the facts around the decision

A missed promotion may affect your pay and future career options. If you suspect unequal treatment at work, you could keep the job posting, performance reviews and written feedback about the role. It might also help to compare the standards your employer used for you with those it used for other candidates.

Why don’t employees report mistreatment?

2026-09-22T16:15:55Z

When employees experience different types of mistreatment at work, such as sexual harassment or discrimination, they often do not report what occurred. One study said that 58% of employees who either experienced unfairness at work or witnessed it happen to someone else never made a report to their supervisors or other levels of management. They had the legal ability to do so, but they chose not to. There are many potential reasons why this happens. One is that some employees do not think management is going to take them seriously. They may not believe that any meaningful steps will be taken to rectify the situation, so reporting feels like a waste of time.

Fear of repercussions

Perhaps an even more significant issue is the fear of retaliation or repercussions specifically for making the report. For example, an employee who is being harassed or discriminated against may want to speak up, knowing they do not deserve that treatment. But if they do, they are worried that they are going to be fired from their job, have their hours cut, have their pay reduced or see other negative ramifications. They may simply be worried about being labeled a troublemaker or silently blackballed so that they are passed over for any future promotions or raises.

Retaliation is also illegal

One important thing to keep in mind, as an employee, is that this type of retaliation is itself illegal. If you make a genuine report that you have faced harassment on the job and you are terminated as a result, your employer has violated your rights. It is very important to understand exactly what legal steps to take to protect your future.

2 types of wrongful termination

2026-09-10T15:20:53Z

When an employee believes they have been wrongfully terminated, they may seek legal recourse against their former employer. The loss of the job can have a significant impact on their career, their income and much more. There are legal options if they believe their rights have been violated. There are two main ways that a wrongful termination can take place. The details of each incident may be unique, but it is important to understand how the general process works.

Contractual employees

For some employees, they already have an employment contract in place. This gives them certain protections, such as stating that they should remain employed for a certain number of years or that they can only be fired for cause. If the termination violates the terms of this contract, then it may be wrongful. Perhaps the employer cannot show cause or illegally ended the business relationship before the contract expired.

At-will employees

For the majority of employees, however, they are at-will, so they have no contractual protections. Their employer can legally fire them at any time, and they can legally quit their job at any time. That being said, an illegal reason cannot be used for this termination, even in an at-will employment relationship. For instance, perhaps the employee became a whistleblower, and the termination was a form of wrongful retaliation against them. Or perhaps the firing was a case of age discrimination or racial discrimination, violating the employee’s rights because they are in a protected class. In either of these cases, it is very important for employees to understand their rights and the legal steps they can take moving forward.

Mandatory work events may lead to overtime pay rights

2026-08-29T22:49:49Z

Employers who pay their workers on an hourly basis or provide them with non-exempt salaries are responsible for overtime pay under certain circumstances. If an employee puts in more than 40 hours of work in one workweek, they should receive 150% of their usual hourly wage for the time past their 40th hour on the clock. Employers sometimes use tricks and manipulative tactics to avoid overtime responsibility. Demanding a worker’s presence at an all-day weekend training session or a staff party where deep cleaning takes place could seem like a workaround to overtime rules, but the employees who attend may have a right to overtime pay.

Training and meetings are work too

An employee is at work and on the clock when they must be physically present in a specific location, must perform standard or one-off job responsibilities and cannot freely leave without risking their employment status. When a company makes again training or lengthy meeting mandatory, the time spent at training or meetings must be part of the week's total hours worked. Even if employees do not perform their usual job functions or must be present at a location other than their usual job site, the company has exerted control over their time and imposed job-related responsibilities on them. Employees may have the right to overtime pay in scenarios where they already worked 40 hours before a mandatory meeting or training session. If a company refuses to pay for the time that they require a worker's physical presence and restrict their freedom to engage in other activities, those workers may need help pursuing a wage and hour claim. Partnering with an employment law attorney can help frustrated professionals pursue the overtime wages they deserve for time already committed to work-related activities.

Can travel between job sites count toward overtime?

2026-08-27T11:07:26Z

If you work in the field, driving between work locations may take up a large part of your day. Your timecard may show only the hours you spend at customer locations even though your employer also sends you from one job to the next. Travel between job sites during the workday generally counts as work time under federal wage law. Those driving hours can also affect your overtime pay when they push your weekly total above 40 hours.

When driving counts as work

Your normal trip from home to your first work location generally does not count as paid work time. The same usually applies to your trip home after your last job. Travel between jobs works differently. If your employer sends you from one customer to another during the workday, that driving time counts as hours worked. For example, you may finish the job and drive 30 minutes to your next customer. Your employer has to include that half hour in your work time.

When travel creates overtime hours

If federal overtime law applies to your job and no exemption covers your work, you generally earn overtime after 40 hours in one workweek. Your employer has to include qualifying job-to-job travel when adding up those hours. Suppose your timecard shows 39 hours spent on job sites. You also spent four hours driving between customers during the same week. That gives you 43 work hours, including three overtime hours. Leaving the driving time off your timecard does not remove it from your workweek if the law counts it as work time.

Reviewing your travel time

You may want to compare your timecard with your daily route or dispatch history. Look for trips between jobs that do not appear in your paid hours. Consider taking note of how much time they added to your week. A clear record of those missing hours can help you understand the size of the issue before you take formal steps over unpaid overtime.

National origin discrimination in the workplace

2026-08-10T10:57:27Z

National origin is a protected class in the workplace. The U.S. Equal Employment Opportunity Commission (EEOC) prohibits treating job applicants or employees unfavorably or favorably because they are from a particular country/part of the world, because of ethnicity/accent or because they appear to be of a certain ethnic background, even if they are not. The Texas Workforce Commission (TWC) also prohibits national origin discrimination. Here is how this form of discrimination can happen:

Discriminatory job posts

Some job ads are discriminatory. For example, an ad that requires or prefers applicants from a particular country or with a particular visa status. It can also be discriminatory when an employer uses a job advertisement to make it difficult for applicants from one national origin to apply for a position. For instance, requiring American citizens to use complex physical mail drops, whereas preferred groups use one-click digital submission channels.

Preferring foreign workers

Employers are prohibited from preferring foreign workers while unfavorably treating American workers. Cases of some employers hiring primarily foreign workers to maintain a cheaper workforce or because they believe foreign workers are more productive are often reported.

Offensive remarks

Making offensive or derogatory remarks frequently or severely about a worker’s national origin, accent or ethnicity is illegal, particularly when it creates a hostile work environment or results in an adverse employment decision, such as a victim being demoted.

Association with a person of a certain national origin

It’s unlawful to treat a worker unfavorably because they are married to or associated with someone who is from a specific country or belongs to a particular ethnic group. Some employers hire, promote and offer career growth opportunities based on national origin. Or subject certain workers to less favorable wages, benefits and terms and conditions of employment. If you have experienced national origin discrimination, consider legal guidance to protect your rights.

What to know about mandatory workplace arbitration agreements

2026-08-07T11:34:18Z

Many people sign new-hire paperwork without reading every document. A mandatory workplace arbitration agreement may be part of that paperwork. If you sign one, it can affect how you resolve a workplace dispute later. Understanding the agreement before you sign can help you make informed choices.

What is a mandatory arbitration agreement?

A mandatory arbitration agreement requires employees and employers to resolve certain workplace disputes through arbitration instead of a court case. In arbitration, a neutral arbitrator listens to both sides, reviews the evidence and makes a decision. Federal law generally allows employers to use arbitration agreements that meet legal requirements. Still, an agreement may not cover every type of workplace claim. Read the document to see which disputes it includes. Knowing what the agreement covers can help you avoid surprises if a problem arises.

What should you review before signing?

Read the entire agreement before you sign it. Pay close attention to:

The types of workplace disputes covered
Whether the agreement applies to future claims
How the parties choose the arbitrator
Who pays the arbitration costs
The limited situations where a court may review the decision

Texas courts may decide whether an arbitration agreement meets legal requirements before requiring arbitration. Reading the agreement carefully can help you understand how the process works if a dispute develops.

Your workplace rights still apply

An arbitration agreement does not take away your workplace rights. Federal and Texas laws continue to protect employees from discrimination, retaliation and other unlawful employment practices. The agreement changes where many disputes are resolved, but it does not remove the legal protections available to employees. A mandatory workplace arbitration agreement can have a lasting effect on your employment. Taking time to read and understand the document can help you know what to expect if a workplace dispute arises. If you have questions about the agreement, consider speaking with a legal professional before you sign.

Texas workers: Watch out for hidden overtime

2026-07-29T20:16:58Z

Checking work email after dinner has become part of the routine for many employees. What started as occasional messages has turned into an expectation that you'll respond to Slack notifications at 9 PM or join video calls on Sunday afternoons. If you're a non-exempt employee putting in this extra time without extra pay, you may be owed overtime wages.

What counts as paid work time in Texas?

Texas wage and hour rules for most workers follow the federal Fair Labor Standards Act (FLSA). Under the FLSA, time is generally compensable when it is work your employer requires, allows or benefits from. Digital work can count the same as in-person work; even brief amounts can count. Common examples include responding to email or Slack, joining Teams chats or video calls, editing documents from home or monitoring a work phone while you are expected to act. If the job expects it, even without a written rule, that time may still need to be counted and paid.

How small chunks turn into overtime for non-exempt workers

If you are non-exempt, overtime is owed at 1.5 times your regular rate for hours over 40 in a workweek. Even small chunks of time a few times a week can add up quickly. Here is a simple example to show the impact:

$20 per hour regular rate
4 extra hours in a week after 40 hours
Overtime rate is $30 per hour
Unpaid overtime would be $120 per week, about $6,240 per year

After-hours work is often treated as “voluntary,” but cultural pressure, unwritten rules or expected responsiveness can still create payable time.

Signs your employer may be crossing the line

The FLSA uses a “suffer or permit” rule. If an employer knows, or should know, you are working over 40 hours, the time generally must be paid. Watch for these red flags when you're off the clock:

Immediate response expectations after hours
Reviews that mention “availability” or “responsiveness”
Managers who reward constant connectivity
Pushback or discipline for not replying fast

To protect yourself and your paycheck, track your after-hours work, save time-stamped messages and clarify expectations with your manager.

Unfortunately for workers, the “always on” culture can mean too many Texans are working without getting proper compensation. Clear boundaries around availability protect both pay and time, and they’re often the difference between a manageable workload and a legal violation.