On October 20, 2016, the Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) (collectively the “Agencies”), who jointly enforce the antitrust laws, alerted human resource (“H.R.”) professionals that they might violate […]
Law In The Workplace
Not all employers need non-compete agreements. Jimmy John’s Sandwiches learned this the hard way, when some franchisees reportedly required sandwich makers or cashiers to sign non-compete agreements. These agreements kept cashiers or sandwich […]
Fifth Circuit holds bank overtime claims should be arbitrated, provides guidance on employer-friendly delegation clauses.
The Fifth Circuit’s October 4 decision in Reyna v. International Bank of Commerce, 2016 WL 5799283, has some valuable information for employers analyzing arbitration agreements with employees or facing Fair Labor Standards Act (FLSA) claims. In short […]
The new overtime regulations announced in May, which among other things raised the salary for the white collar exemptions from $23,660 to $47,476, were set to go in effect on December 1, 2016. But on Wednesday, the Republican-controlled U.S. House of […]
Noncompliance with Occupational Safety and Health Administration (OSHA) regulations may not singularly establish a negligence per se claim, but such evidence may be relevant to proximate cause in a simple negligence action. In 2015, the Corpus Christi […]
Title III of the Americans with Disabilities Act (ADA) gives rights of equal access to places of public accommodation. For people who are deaf or hard of hearing, Title III requires businesses to remove barriers to communication. Restaurants and other […]
School’s out and thousands of Texas teens are busy working their summer jobs. Think back to your first summer job – how old were you? Were you working in food service? Maybe as a lifeguard? Whatever your job was, you were probably not considering […]
As of that date, if employers are not ready, haven’t revised pay procedures, and put in new accounting processes, well, “TB”—and some might add another letter in there. The “too bad” means that the DOL can, at 12:00 a.m. on 12/01/2016, descend […]
Last week, the Ninth Circuit Court of Appeals handed down an important decision for employers under the Computer Fraud and Abuse Act (CFAA) in U.S. v. Nosal. While Nosal was a criminal case initiated by the U.S. government against a former private- […]
Mike Logan and Alexandra Easley discuss recent cases concerning the popular “Shoes for Crews” program utilized by many restaurants. These new cases could have major implications on the use of this program by hospitality companies. Read the article […]
TEXAS SUPREME COURT PROVIDES GUIDANCE ON HOW BEST TO PROTECT TRADE SECRETS DURING AN INJUNCTION PROCEEDING
The case involves two competitors that provide solid-control equipment and services to the oil and gas industry, M-I L.L.C. d/b/a M-I Swaco (“M-I”) and National Oilwell Varco, L.P. (“NOV”). NOV hired, Jeff Russo (“Russo”), a former M-I employee […]
Potential relief for Employers being sued under federal statutes after U.S. Supreme Court ruling on consumer class actions.
The Supreme Court of the United States’ May 18, 2016 ruling in Spokeo, Inc. v. Robins has potentially far-reaching impacts on lawsuits brought under federal statutes—in this case, the Fair Credit Reporting Act (“FCRA”)—that may curtail creative […]