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 […]
Don’t Forget to Sign That Arbitration Agreement
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 […]
Proposed DOL Tip Pool Regulations: Good News (or not?)
Check out the latest post on our Retail, Restaurant and Hospitality blog to read about this topic.
Does The Antitrust Guidance For Human Resource Professionals Criminalize No Poaching Agreements?
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”),[1] 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 […]
Evacuation Discrimination? Yes, you can be sued for this.
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 […]
Can I Fire My Employee for Attending a Protest?
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 […]
A Return to Common Sense: Fifth Circuit Guidance on Handbooks
T-Mobile USA, Inc. v. National Labor Relations Board[1] 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 […]
Check out our recent post on the Texas Anti-Slapp Law
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.