Dear AJ: Some healthy employees want to work at home. Do I have to allow that? AJ’s Answer: The question posed, in my view, requires a larger look at our businesses and what we want to accomplish, how we want to do that, what we actually are able to do, and what makes sense for our […]
Coronavirus FAQ #2 for Employers – Working from Home
Coronavirus FAQ #1 for Employers – Compensation
Dear AJ: What if I have to tell employees to stay home, be “self-quarantined,” or shut our office for a couple of weeks? What am I required to pay people? AJ’s Answer: Required (by law) payment of employees on quarantine is dependent on whether the employee works or not and if they are exempt/salary or not. […]
DOL Clarifies Standard to Determine “Joint Employer” Status
On January 12, 2020, the Department of Labor (DOL) announced its final rule (“Final Rule”) to revise and update the standard for determining “joint employer” status under the Fair Labor Standards Act (FLSA) – the federal law requiring minimum wage and overtime pay. The new rule provides guidance to determine when additional individuals or entities […]
Our Patchwork of Sick and Vacation Pay Rules Is Counter-Productive to American Employment
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, […]
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 […]