Setoffs – Cutting Your Losses Both Inside and Outside Bankruptcy
Read Director Joseph Coleman's article in CRF New on setoffs. Setoffs- Cutting Your Losses Both Inside And Outside Bankruptcy
Insights
The Duty to Warn of Open and Obvious Hazards Remains Unclear
While Section 406.033 of the Texas Labor Code clearly establishes that nonsubscribing employers cannot rely on the defense that an employee assumed the risk of injury in performing the activity that led to the employee's on-the-job injury, Texas courts […]
Department of Labor Updates Definition of 'Spouse'
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”) […]
Court Bars Newly Adopted Texas Telemedicine Rules From Being Implemented
On April 10, 2015, the Texas Medical Board agreed to adopt revisions to Texas Administrative Code § 190.8(1)(L) that would dramatically restrict competition from telemedicine. The new rule was supposed to become effective as of today, but on Friday […]
New Overtime Rules: Changes are Coming
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 […]
U.S. Supreme Court rules against Abercrombie
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 […]
The U.S. Supreme Court Rules That Courts Can Review Conciliation Efforts
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” […]
Lender Beware: Loan renewal may cause lender's security interest in collateral to be subordinated to judgment creditor's lien.
Loans are renewed for a number of reasons. But when a borrower has an outstanding judgment lien, lenders must be sure that any renewal does not constitute an advance under the Texas Business & Commerce Code that will subordinate the lender's security […]
Springtime is Stern time
On May 26, 2015, continuing a springtime ritual for bankruptcy lawyers, the Supreme Court issued its latest "progeny of Stern" ruling on the adjudicative authority of the bankruptcy courts. In a 6-3 decision the Court held that "Our precedents make […]
Seven Kane Russell Coleman & Logan PC Attorneys Named to D Magazine’s “Best Lawyers in Dallas 2015” List
In its annual “Best Lawyers in Dallas” list, D Magazine recognizes outstanding Texas attorneys from more than 35 practice areas. To make the list, honorees receive recommendations for their fellow Texas lawyers. A panel of preeminent […]
Springtime is Stern Time
On May 26, 2015, continuing a springtime ritual for bankruptcy lawyers, the Supreme Court issued its latest "progeny of Stern" ruling on the adjudicative authority of the bankruptcy courts. In a 6-3 decision the Court held that "Our precedents make […]
Company Cell Phones: The Benefits
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 […]