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 […]
While we Americans act in many ways as a single entity—THE United States of America—we are, in a lot of other ways, still a loose affiliation of single states, with separate governments and laws. That was probably just fine in the 1700 […]
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 […]
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 workweek unless an exemption applies. For an exemption to apply, an employee’s specific job duties […]
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 […]
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 […]
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 […]
In a recent decision, the United States Court of Appeals for the Fifth Circuit reversed a trial court ruling that enforced an arbitration agreement that the employer never signed. In Huckaba v. Ref-Chem, L.P., Case No. 17-50341, the Court found the agreement […]
The United States Supreme Court issued an opinion on April 2, 2018 that Service Advisors working at a California Mercedes Benz dealership were exempt from the Fair Labor Standards Act and not entitled to overtime. In a 5-4 opinion, the Court held that […]
While many employers offer some form of paid time off, there is no federal or state statute requiring employers to do so. And those employers that already provide paid leave often have a policy that an employee has to be employed for a period of […]
A running battle has been waged in Texas regarding a narrow issue of employment law. Can an employer require an employee to "refund" part of their already paid compensation if they leave the employment of the employer? Retention […]
With the release of President Trump’s 2019 fiscal year budget proposal on Monday, we have a better outline of the White House’s paid family leave plan. This plan was mentioned specifically in the President’s State of the Union Address […]