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 […]
Buc-ee’s Employment Repayment Provision Held Invalid
OSHA Regulations: Admissible Evidence?
By Michael A. Logan and Amelia Coates Noncompliance with Occupational Safety and Health Administration (OSHA) regulations may not singularly establish a negligence per se claim, but such evidence may be relevant to proximate cause in a simple negligence action. In 2015, the Corpus Christi-Edinburg Court of Appeals in 4Front Engineered Solutions, Inc. v. Rosales considered […]
A SLIPPERY AREA FOR EMPLOYERS: “SHOES FOR CREWS”
Mike Logan and Alexandra Easley discuss recent cases concerning the popular “Shoes for Crews” program utilized by many restaurants. These new cases could have major implications on the use of this program by hospitality companies. Read the article here.
Supreme Court Refuses to Hear “Sincerity of Beliefs” Case
What is a “religious belief”? Can an employer question the sincerity of an employee’s alleged religious beliefs? The U.S. Supreme Court previously defined “religious belief” as a belief that is “religious” in the employee’s own scheme of things and sincerely held by the employee. In August of 2014, the Fifth Circuit Court of Appeals reversed a […]
New Overtime Rules: Changes are Coming
The Fair Labor Standards Act (FLSA) governs federal minimum wage and overtime pay. Currently, employees covered by the FLSA must be paid at least the federal minimum wage, and in most cases, overtime for all hours worked in excess of 40 in any work week. FLSA regulations also provide exemptions from federal minimum wage and […]
U.S. Supreme Court rules against Abercrombie
Today, the Supreme Court issued its opinion in favor of Samantha Elauf, a Muslim woman who was 17 years old when she was turned down for a job at Abercrombie & Fitch because she wore a hijab. Ms. Elauf was not hired because her headscarf violated Abercrombie’s “Look Policy”, which at the time did not allow […]
Class Actions over Background Checks Continue
As previously reported in an earlier blog post, retailers are under attack in a wave of class actions alleging violations of the Fair Credit Reporting Act. The allegations are essentially the same in all of these suits: that the employer failed to “properly” inform the prospective employee that their consumer reports was going to be utilized […]
Background Check Suits: Whole Foods Class Action to Continue
In a previous blog I discussed the multiple class actions that are pending and which address the issue of the Fair Credit Reporting Act requirements in connection with on-line employment applications. One of those cases involving Whole Foods Market Group will continue past the motion to dismiss stage. On March 30, Senior Federal Judge Richard A. […]
FMLA Same-Sex Spouse Rule: Enjoined
The new DOL same-sex rule that took effect this week under the Family and Medical Leave Act has been temporarily halted from enforcement. On March 26, the United States District Court in Dallas issued a preliminary injunction against application of the new rule. Texas, Arkansas, Louisiana and Nebraska filed suit seeking the injunction. The States […]
Family Medical Leave Act Now Covers Same-Sex Couples
The U.S. Department of Labor recently finalized a rule to extend the protections afforded by the Family Medical Leave Act to married same-sex couples. The new “place of celebration” rule allows all legally married couples, whether traditional same-sex marriages or opposite-sex marriages, to receive FLMA benefits. The definition of “spouse” was modified accordingly. The new rule […]