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Law In The Workplace

DOL Clarifies Standard to Determine "Joint Employer" Status

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 […]

Your Opinion Matters: Submit Comments to a Newly Proposed Federal Overtime Rule

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 […]

Update Your Background Check Forms

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 […]

Enforcing a Non-Compete Injunction Could Require Disclosing Your Customer List

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 […]

Don't Forget to Sign That Arbitration Agreement

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 […]

Brian W. Clark

Supreme Court Rules Auto Dealership Service Advisors are Exempt from Overtime

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 […]

City of Austin Passes Mandatory Paid Sick Leave Policy

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 […]

Buc-ee’s Employment Repayment Provision Held Invalid

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 […]

Michael A. Logan