Seyfarth Synopsis: Paid sick leave ordinances in Texas continue to face setbacks as multiple judges have granted temporary injunctions barring such ordinances from taking effect while lawsuits are pending. Dallas has...more
Seyfarth Synopsis: On Wednesday, March 10, 2021, a Texas appellate court affirmed a temporary injunction against the City of San Antonio’s Paid Sick Leave (“PSL”) Ordinance, ruling that the ordinance is unconstitutional and...more
As we reported earlier this month, our ongoing tracking of COVID-19 employment litigation trends shows that the types of lawsuits employees are filing against their employers continue to fall within the same basic categories...more
Seyfarth Synopsis: Last Friday, the Supreme Court of Texas issued a one-line decision, without explanation, denying the City of Austin’s petition for review of an appellate decision temporarily enjoining the Austin paid sick...more
Seyfarth Synopsis: The Texas Workforce Commission (TWC) just announced new guidelines allowing workers to retain unemployment benefits if they refuse suitable work for various COVID-19 related reasons. ...more
Yesterday, the Department of Labor issued temporary regulations regarding the “health care provider” exemption to employer-provided paid time off and paid leave under the Families First Coronavirus Response Act (“FFCRA”)....more
4/2/2020
/ Appeals ,
CARES Act ,
Department of Labor (DOL) ,
Domestic Workers ,
Employer Liability Issues ,
Families First Coronavirus Response Act (FFCRA) ,
Health Care Providers ,
Healthcare ,
Home Health Agencies ,
Home Health Care ,
Home Healthcare Workers ,
Regulatory Requirements ,
Rest and Meal Break ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Work Schedules
Seyfarth Synopsis: On March 30, 2020, just two days before Dallas’ paid sick leave ordinance was scheduled to begin full enforcement, a federal court in Texas granted a preliminary injunction prohibiting enforcement of the...more
3/31/2020
/ Accrual Requirements ,
Dallas ,
Earned Sick Time ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Local Ordinance ,
Paid Leave ,
Paid Time Off (PTO) ,
Parental Leave ,
Safe Leave ,
Sick Leave ,
State and Local Government ,
Wage and Hour
Seyfarth Synopsis: Last April, the Dallas City Council passed an ordinance requiring employers to provide employees who work within the City of Dallas with 48 or 64 hours of paid sick leave per year, depending on size. ...more
3/25/2020
/ Accrual Requirements ,
Dallas ,
Earned Sick Time ,
Employer Liability Issues ,
Enforcement Actions ,
Fair Labor Standards Act (FLSA) ,
Local Ordinance ,
Paid Leave ,
Paid Time Off (PTO) ,
Parental Leave ,
Safe Leave ,
Sick Leave ,
State and Local Government ,
Wage and Hour
Seyfarth Synopsis: Employers were handed a big win recently when the U.S. Court of Appeals for the Fifth Circuit held that a day rate can satisfy the salary basis requirement for overtime exemptions under FLSA and also...more
9/13/2019
/ Appeals ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Highly Compensated Employees ,
Independent Contractors ,
Minimum Salary ,
Navarro v Encino Motorcars ,
Non-Exempt Employees ,
Over-Time ,
Rate of Pay ,
Wage and Hour ,
White-Collar Exemptions
Seyfarth Synopsis: Just last week, San Antonio agreed to delay implementation of its paid sick leave ordinance until at least December 1, 2019. Now, as of this week, a lawsuit has been filed challenging the Dallas paid sick...more
Seyfarth Synopsis: In a must-read decision and case of first impression at the federal appellate level, the Fifth Circuit Court of Appeals held late last week that a district court may not approve sending notice of an FLSA...more
2/25/2019
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Class Certification ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
First Impression ,
JPMorgan Chase ,
Motion to Compel ,
Notice Requirements ,
Unpaid Overtime ,
Wage and Hour
Seyfarth Synopsis: In an important decision for employers seeking to enforce arbitration agreements and limit wage and hour exposure and related defense costs, the U.S. Court of Appeals for the Fifth Circuit reaffirmed that...more
5/7/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Delegation Clauses ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Jurisdiction ,
Misclassification ,
Motion to Compel ,
Motion To Stay ,
Wage and Hour
Seyfarth Synopsis: On November 7, 2017, the U.S. House of Representatives passed the Save Local Businesses Act. If passed by the Senate, the bill would overturn Obama-era decisions and agency guidance broadly defining and...more
11/14/2017
/ Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Hiring & Firing ,
Joint Employers ,
Legislative Agendas ,
NLRA ,
NLRB ,
Popular ,
Proposed Legislation ,
Staffing Agencies ,
Unions ,
Wage and Hour
Seyfarth Synopsis: At the state level, Texas law does not require employers to provide family leave to employees. However, a newly enacted law provides that if a Texas employer chooses to offer time off to employees to help...more
Seyfarth Synopsis: As employers begin to pick up the pieces following Hurricane Harvey, management will likely encounter questions about employee pay, benefits, and leaves of absence during and after this disaster, and may...more
The U.S. Court of Appeals for the First Circuit recently sided with an ever-increasing line of cases clarifying the type of payments that may be added to a fixed salary without violating the fluctuating workweek method...more
In the wake of Houston’s recent flooding, countless businesses closed their doors, and many individuals are coping with homes in disrepair.
Texas employers wondering whether they must pay workers for lost time during...more