In a landmark decision issued on August 23 in the case of Restaurant Law Center; Texas Restaurant Association v. the United States Department of Labor, the United States Court of Appeals for the Fifth Circuit upended decades...more
On June 6, 2022, the Supreme Court addressed two cases involving employment law issues. The Court’s significant opinion in Southwest Airlines Co. v. Saxon regarding the scope of the residual clause contained in Section 1 of...more
6/9/2022
/ Arbitration ,
Corporate Counsel ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
Fifth Amendment ,
Fourteenth Amendment ,
Interstate Commerce ,
Personal Jurisdiction ,
Pre-Employment Agreements ,
Southwest Airlines ,
State Law Claims
Employers confronted with Fair Labor Standards Act (FLSA) claims as to their operations in Texas, Louisiana, or Mississippi should take note of a new decision by the United States District Court for the Northern District of...more
COVID-19 has augmented many challenges for employers. The most observable of these has been the necessity of avoiding congregating employees at the workplace. Unfortunately for employers, eliminating the requirement to work...more
The questions and answers below highlight labor and employment topics as they relate to nonprofit organizations.
Classifying Your Staff -
What is the difference between a paid employee and an unpaid volunteer? Under...more
8/27/2020
/ Compensation & Benefits ,
Department of Labor (DOL) ,
Employee Benefits ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Health Insurance ,
Hiring & Firing ,
Independent Contractors ,
Internships ,
Job Duties ,
Minimum Wage ,
Misclassification ,
Non-Exempt Employees ,
Nonprofits ,
Over-Time ,
Paid Leave ,
Paid Sick Leave ,
Paid Time Off (PTO) ,
Primary Duty Test ,
Sick Leave ,
Unpaid Interns ,
Vacation Pay ,
Volunteers ,
Wage and Hour
Overtime Pay in the Oil Patch -
The boom for domestic energy producers, particularly in the Permian Basin, has been accompanied by the companion challenge of how to compensate transient oilfield service providers within...more
Claim by Directional Drillers for Overtime Pay. The boom for domestic energy producers, particularly in the Permian Basin, has been accompanied by the companion challenge of how to compensate transient oilfield professionals...more
3/9/2019
/ Appeals ,
Consultants ,
Economic Realities Test ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Oil & Gas ,
Penalties ,
Popular ,
Right to Control ,
Staffing Agencies ,
Statutory Penalties ,
Totality of Circumstances Test ,
Unpaid Overtime ,
Well Drilling ,
Written Agreements
The United States Department of Labor (DOL) has fired a new salvo in its war on worker misclassification in the form of Administrator's Interpretation 2015-1, which challenges the widespread employer practice of declaring the...more