This week the U.S. Department of Labor (DOL) released final regulations regarding the Fair Labor Standards Act’s (FLSA) executive, administrative and professional overtime exemptions, also known as the “white collar”...more
With a stroke of the pen, President Obama signed into law the first-ever federal trade secrets regime, opening federal courthouse doors to all trade secrets litigants. While federal subject matter jurisdiction is widely...more
A recent article about a study on the effectiveness of sexual harassment training caught my eye. The article explains: “Some researchers believe trainings have no positive effects, tend to be more about legal cover than...more
This week ESPN fired pitcher-turned-broadcaster Kurt Schilling for an allegedly offensive tweet about the recently passed law in North Carolina requiring persons to use the restroom associated with the sex of their birth. As...more
Last year, the Department of Labor (DOL) announced a proposed regulation to increase the minimum salary threshold for salaried exempt workers from $23,000 to approximately $50,000 and to index the amount to inflation....more
In a move that brings many employers’ fears closer to fruition, a federal district court recently ruled that an employee may proceed with a class action lawsuit alleging that her employer violated the Employee Retirement...more
Last week, the White House announced yet another executive action. For the first time, private employers will be required to include pay data on the Form EEO-1, which is required annually for all employers with more than 100...more
A new year is upon us, and it is shaping up to be a big one in terms of political and regulatory change. As the last year of the Obama presidency, there is a lot of pressure on the administration to leave a mark – including...more
The Irony in Regulating Employee Social Media Speech: the NLRB vs. the FTC -
BREAKING NEWS: Employees use social media. A lot. And, in a related story, Bush beat Gore, according to the Supreme Court. All breaking news,...more
Texas has long allowed licensed citizens to carry concealed handguns, but in 2016 Texas will allow “open carry” for the first time. For employers, this means dusting off the gun policies and signs on your front doors to...more
It’s that time of the year when HR professionals are crossing their fingers and hoping they don’t have to terminate anyone for misconduct at the company holiday party. Fox 26 in Houston interviewed me about the suggested tips...more
I recently wrote an article for the Houston Business Journal on this subject, which can be found here.
With the 2016 election campaign already going strong, now is a good time to review company policies in this area to...more
Last week, President Obama announced yet another executive order, this one removing questions about an applicant’s criminal history from applications for federal jobs. Similar laws have been passed in cities and states across...more
Recently, the news has been filled with employees who refuse to perform their duties based on political, moral, or religious beliefs. Kentucky clerk Kim Davis was jailed for refusing to issue marriage licenses to same sex...more
First, let me say that most shootings (including the recent incident in Virginia) are random acts of violence by crazy people. It is difficult, if not impossible, to predict when an employee will snap, or whether an...more
8/31/2015
/ Background Checks ,
Criminal Background Checks ,
Defamation ,
Discrimination ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Mass Shootings ,
Negligence ,
Popular ,
Reference Checks
In a world where the lines between employees and volunteers/interns are becoming increasingly blurred, it is nice to see at least one court easily dispense with a wage and hour lawsuit. On August 13, 2015, a federal judge...more
8/20/2015
/ Collective Actions ,
Corporate Counsel ,
Employees ,
Fair Labor Standards Act (FLSA) ,
Internships ,
Online Platforms ,
Online Reviews ,
Popular ,
Uber ,
Unpaid Interns ,
Volunteers ,
Wage and Hour ,
Websites ,
Yelp
Yesterday, the Wage and Hour Division of the Department of Labor used its rulemaking authority to propose changes to existing overtime regulations that President Obama announced would make “up to five million more people...more
Yesterday, the Wage and Hour Division of the Department of Labor used its rulemaking authority to propose changes to existing overtime regulations that President Obama announced would make “up to five million more people...more
As more states jump on the medical marijuana bandwagon, employers are faced with increasing questions about how these changes in the law affect drug testing policies. The conventional wisdom has been that medical marijuana...more
6/24/2015
/ Americans with Disabilities Act (ADA) ,
Dish Network ,
Drug Testing ,
Employment Policies ,
Hiring & Firing ,
Lawful Activities Act ,
Marijuana ,
Medical Marijuana ,
Off-Duty Employees ,
Termination ,
Zero Tolerance Policies
In the last month, Houston employers have faced catastrophic rains, flooding, and now a tropical storm. We thought it would be a good time to dust off the Firm’s HR Guide for Hurricane and Disaster Preparation, which can be...more
Perhaps the blurriest line in employment law is the difference between an independent contractor and employee. Companies prefer contractor status because it is cheaper and offers more flexibility. ...more
On April 16, 2015, the National Labor Relations Board (NLRB) quietly issued a request for amicus briefing in a case it is currently waiting to decide on appeal. The case involves the question of whether a union can charge...more
The Department of Labor has been promising an overhaul of the white collar exemption regulations for over a year. The regulations were originally planned to be released in the Fall of 2014, but were pushed back to February...more
Texas does not recognize same sex marriage, so the natural thought would be to deny a request for an employee to take FMLA leave to care for his or her same sex “spouse” from a marriage in another state. ...more
The EEOC has taken a lot of heat on its controversial stance of aggressively litigating adverse impact cases involving background checks. In April, 2012, the EEOC issued a new enforcement guidance seeking to curtail the uses...more