My Dear Mr. President . . . and to our Esteemed Congress, Here’s the perspective of one employment lawyer in Texas. Guys, [1] we still have a country to run. [2] And, the reality is our country runs on business, which means employers and employees. In the Employment Law Area, we Need National Thought, Practice, […]
Our Patchwork of Sick and Vacation Pay Rules Is Counter-Productive to American Employment
Regulation of Workplace Violence Under OSHA’s “General Duty” Clause
Workplace violence, defined by the Occupational Safety and Health Administration (“OSHA”) as “any act or threat of physical violence, harassment, intimidation or other threatening behavior that occurs at the worksite” has become front and center in the minds of many employers. It is an increasingly important topic of discussion, with important legal ramifications. According to […]
Your Opinion Matters: Submit Comments to a Newly Proposed Federal Overtime Rule
Your Opinion Matters: Submit Comments to a Newly Proposed Federal Overtime Rule that Intends to Raise the Annual Salary Requirement’s for the Fair Labor Standard Act’s Overtime Exemptions. Under the Fair Labor Standards Act (FLSA), employees must receive at least time and one-half their regular pay rate for all hours worked over 40 in a […]
Update Your Background Check Forms
Employers who use third parties to obtain criminal and credit background reports on employees and prospects have to jump through numerous technical hoops in order to comply with the Fair Credit Reporting Act (FCRA). One of those hoops is providing a copy of the “Summary of Your Rights” form to the individual if the company […]
Proliferation Of Service And Support Animals Presenting Quandaries For Retailers And Employers
There has no doubt been an increase in the number of consumers and employees using service or support animals when they patron public accommodations or go to work, with United Airlines recently saying they’ve seen a 75% year-over-year increase in the number of passengers utilizing support animals. How should employers or retailers handle this oftentimes […]
Enforcing a Non-Compete Injunction Could Require Disclosing Your Customer List
What happens when a plaintiff is granted an injunction that prohibits a former employee and its new employer from soliciting or contacting the plaintiff’s customers; yet, the injunction does not specifically identify those off-limit customers nor does it reference a list identifying those off-limit clients? I answer this question in our Firm’s Litigation Update. Read […]
Don’t Forget to Sign That Arbitration Agreement
Did you have your employee or customer sign an arbitration agreement, set it aside with the intent to counter-sign later and then forget? Then you may not be able to enforce the agreement. In a recent decision, the United States Court of Appeals for the Fifth Circuit reversed a trial court ruling that enforced an […]
Supreme Court Rules Auto Dealership Service Advisors are Exempt from Overtime
The United States Supreme Court issued an opinion on April 2, 2018 that Service Advisors working at a California Mercedes Benz dealership were exempt from the Fair Labor Standards Act and not entitled to overtime. In a 5-4 opinion, the Court held that the statutory exemption for “any salesman, partsman, or mechanic primarily engaged in […]
City of Austin Passes Mandatory Paid Sick Leave Policy
Have employees working in Austin? If so, they may likely be entitled to mandatory paid sick leave come October. While many employers offer some form of paid time off, there is no federal or state statute requiring employers to do so. And those employers that already provide paid leave often have a policy that an employee […]
Buc-ee’s Employment Repayment Provision Held Invalid
A running battle has been waged in Texas regarding a narrow issue of employment law. Can an employer require an employee to “refund” part of their already paid compensation if they leave the employment of the employer? Retention or incentive pay provisions are not uncommon. They are intended to attract and retain good employees. But what if […]