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5433 Westheimer Rd., Suite 825
Houston, Texas 77056
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Los Angeles, California 90017
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Houston Texas Accident Lawyers

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Super Lawyers
Mr. Padilla was named a Texas Super Lawyer (Rising Star)(2006) by Thompson Reuters as seen in Texas Monthly Magazine
Houston Personal Injury Lawyers

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Super Lawyers
Mr. Padilla was named a Texas Super Lawyer (Rising Star)(2006) by Thompson Reuters as seen in Texas Monthly Magazine
Wrongful Death Attorneys

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Super Lawyers
Mr. Padilla was named a Texas Super Lawyer (Rising Star)(2006) by Thompson Reuters as seen in Texas Monthly Magazine
When a worker covered by workers’ compensation makes a claim against a third party, the workers’ compensation insurance retains the right to subrogate against any recovery from that third party for all benefits paid to or on behalf of a claimant injured at work. When subrogating for more than basic medical and indemnity benefits, the Texas workers’ compensation subrogation statute provides that “the net amount recovered by a claimant in a third‑party action shall be used to reimburse the carrier for benefits, including medical benefits that have been paid for the compensable injury.” TX Labor Code § 417.002.

In fact, all 50 states provide for similar subrogation. However, none of them precisely outlines which payments or costs paid by a compensation carrier constitute “compensation” and can be recovered. The result is industry-wide confusion and an ongoing debate and argument with claimants’ attorneys over what can and can’t be included in a carrier’s lien for recovery purposes.
An employer who requires or permits an employee to work overtime is generally required to pay the employee premium pay for such overtime work. Employees covered by the Fair Labor Standards Act (FLSA) must receive overtime pay for hours worked in excess of forty (40) in a workweek of at least one and one-half times their regular rates of pay.

Some employees are exempt from the overtime pay provisions of the Fair Labor Standards Act (FLSA). Exemptions, however, are few and are narrowly construed against the employer asserting them. Consequently, employers are cautioned by the U.S. Department of Labor to always closely check the exact terms and conditions of an exemption in light of the employee’s actual duties before assuming that the exemption might apply to the employee. The ultimate burden of supporting the actual application of an exemption rests on the employer.
In a March 2015 letter to the Editor of the Houston Chronicle, the Chairperson of the U.S. Chemical Safety Board, the U.S. federal agency that investigates chemical disasters, expressed concern over the safety of Latino workers in the United States.   Chairperson Moure-Eraso pointed out that the workplace fatality rate for Latino workers not only exceeds the rate for non-Latinos, but is also on the rise. Particular industries cited as having dangerous occupations included construction, agriculture and the petrochemical industry. According to the Chairperson, 148 workers died in “fires and explosions” in 2013, and 20 of them were Hispanics. Similarly, he reports that out of 330 total workers that died from “exposure to harmful substances or environments” in 2013, 68 were Hispanic.   Mr. Moure-Eraso cited to a UC Berkley report that spoke to why Latinos are so vulnerable in the work place, citing factors such as them being overrepresented in jobs with low wages and dangerous working conditions, being less likely to have adequate training and sometimes lacking language skills to access safety information.
The United States Department of Labor’s Wage and Hour Division’s investigation into the child care industry in Kentucky uncovered significant violations of the minimum wage, overtime and record-keeping provisions of Federal wage law, the Fair Labor Standards Act. The DOL’s  ongoing initiative in Kentucky seeks to remedy widespread labor violations and promote compliance throughout the child care industry. The DOL found a number of common violations by employers including failing to pay childcare workers for attendance at mandatory training courses, misclassifying childcare workers as exempt from overtime requirements, paying those workers straight time instead of time and a half for overtime, and failing to keep legally required records of overtime worked.   More information on unpaid overtime is available on the Padilla & Rodriguez, LLP website, unpaidovertimelawyer.com.

Raising health and safety awareness in the oil and gas industry is the mission of US Labor Department's OSHA “stand down”  in Humble, Texas.


The stand down was intended to raise health and safety awareness in the oil and gas industry.


The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA), the national Institute for Occupational Safety and Health (NIOSH) and the National Service, Transmission, Exploration & Production Safety Network (STEPS) sponsored a national stand down intended to raise awareness and to promote safety and health practices at United States oil and gas exploration sites and production sites. The event was held at the Humble Civic Center in Humble.
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*John M. Padilla is licensed in Texas and California. The firm's other attorneys are licensed in Texas.

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