On July 15, 2015, the U.S. Department of Labor (“DOL”) issued guidance regarding the proper classification of workers as either employees or independent contractors for purposes of complying with the Fair Labor Standards Act (“FLSA”). The FLSA […]
Texas Governor Greg Abbott recently signed legislation into law that provides limitation on liability for employers who establish and maintain employee wellness programs. The Texas Legislature saw a need to address concerns that some employers are discouraged […]
On June 26, 2015, in the Obergefell v. Hodge, et al. case, the U.S. Supreme Court held that: (i) all states must permit marriages between same-sex couples; and (ii) all states must recognize marriages of same-sex couples performed in other states. The […]
On Tuesday, the U.S. Department of Labor released its proposed rule to change overtime regulations. The focus of the proposed change is to increase the minimum salary threshold under the "white collar" exemptions from $23,660 to $50,440 per year. […]
On June 19, 2015, in Texas v. Naylor, et al., Case No. 11-0114, the Texas Supreme Court ruled that the State of Texas could not intervene to prevent the divorce of a same-sex couple legally married in Massachusetts. However, the ruling was decided on […]
Numerous states have authorized the use of medicinal marijuana. Several others have even permitted limited recreational use. How does this movement coincide with an employer's "zero tolerance" policy of prohibiting drug use, whether during or after […]
What is a “religious belief”? Can an employer question the sincerity of an employee’s alleged religious beliefs? The U.S. Supreme Court previously defined "religious belief" as a belief that is "religious" in the employee’s own scheme of things […]
The Family and Medical Leave Act (“FMLA”) entitles eligible employees unpaid, job-protected leave to care for a child, parent, or spouse. In light of recent Supreme Court decisions addressing same-sex marriages, the Department of Labor (“DOL”) […]
The Fair Labor Standards Act (FLSA) governs federal minimum wage and overtime pay. Currently, employees covered by the FLSA must be paid at least the federal minimum wage, and in most cases, overtime for all hours worked in excess of 40 in any work […]
Today, the Supreme Court issued its opinion in favor of Samantha Elauf, a Muslim woman who was 17 years old when she was turned down for a job at Abercrombie & Fitch because she wore a hijab. Ms. Elauf was not hired because her headscarf violated […]
After an employee submits a charge complaining of discrimination, the Equal Employment Opportunity Commission (“EEOC”) investigates the matter and gathers evidence regarding the claims in question. If the EEOC determines that “reasonable cause” […]
Funding employee cell phones costs companies thousands of dollars each year. As a result, a company may decide that the cost is too great. However, before making the decision of whether to provide cell phones to employees, a company should take into […]