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 […]
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 […]
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 […]
Check out the latest post on our Retail, Restaurant and Hospitality blog to read about this topic.
In November 2016, I wrote in this blog about Guidance issued by the Antitrust Division of the Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) (collectively the “Agencies”), concerning the application of the antitrust laws to hiring practices. Although, often not fully appreciated by human resource professionals, the companies for whom they work […]
It’s been one month since Hurricane Harvey made landfall in Rockport, but most companies are just now fully appreciating the after-effects. Some companies still haven’t reopened, and many more have had to make tough decisions about their workforce. Here are 3 Texas initiatives that HR leaders will be dealing with as work resumes: Emergency Evacuation […]
In the wake of the Charlottesville tragedy, several Twitter crowdsourcers have undertaken to “out” attendees of the “Unite the Right” rally to their employers and the community at large. Some employers have subsequently fired those employees attending the rally. Without any political polemics, let’s discuss whether this is permitted. The Right to Assemble Affords No […]
T-Mobile USA, Inc. v. National Labor Relations Board or the Case of “Woulda, Coulda, Shoulda.” Employers are caught between a rock and a hard place. Courts demand rules for employee conduct, but, when employers oblige and spell out what seem to most to be common sense “I-learned-that-in-kindergarten” rules, they may run into trouble under Section […]
AJ Johnson recently posted on the Energy Blog about the Texas Anti-Slapp Law. Read about it here and learn how it might affect employers.
Unemployment is low and the job market is currently tight. In this environment, talented employees are in high demand. Your best and brightest employees could jump ship for “greener pastures.” If your industry is highly competitive, the loss of talent to a competitor could be a real threat. Assuming you have confidentiality, non-solicitation, and (where legal) non-compete agreements […]