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Fifth Circuit Hands Employers A Big Win, Rules Day Rates Can Satisfy The Salary Basis Under The Highly Compensated Employee Exemption
He earned at least $1,000 every week he worked and was paid well over $100,000 annually.
United States
20 Sep 2019
2
If Pain, Yes Gain—Part 72: New Lawsuit Places Dallas Paid Sick Leave Ordinance On The Chopping Block
Just last week, San Antonio agreed to delay implementation of its paid sick leave ordinance until at least December 1, 2019. Now, as of yesterday, a lawsuit has been filed challenging the Dallas paid sick leave ordinance.
United States
2 Aug 2019
3
The Saga Continues: San Antonio Delays Paid Sick Leave Ordinance Until December 1; Dallas Ordinance Remains Scheduled To Begin August 1—At Least For Now
On Wednesday, July 24, 2019, approximately one week before San Antonio's paid sick leave ordinance was scheduled to go into effect for most employers, a Texas state court stayed implementation of the city's paid sick leave ordinance until at least December 1, 2019.
United States
30 Jul 2019
4
If Pain, Yes Gain—Part 71: San Antonio Delays Paid Sick Leave Ordinance Until December 1; Dallas Ordinance Remains Scheduled To Begin August 1—At Least For Now
On Wednesday, July 24, 2019, approximately one week before San Antonio's paid sick leave ordinance was scheduled to go into effect for most employers, a Texas state court stayed implementation of the ...
United States
26 Jul 2019
5
Paid Sick Leave In Texas Survives The Texas Legislature
Employers in Austin, Dallas, and San Antonio expected the Texas Legislature to overturn their cities' recent foray into city-specific paid sick leave laws.
United States
1 Jul 2019
6
Fifth Circuit Says Plaintiffs May Not Send Notice Of FLSA Suit To Employees With Arbitration Agreements
a must-read decision and case of first impression at the federal appellate level, the Fifth Circuit Court of Appeals held late last week that a district court may not approve sending notice of an FLSA collective action to employees who had agreed to arbitrate employment claims.
United States
5 Mar 2019
7
Driving Blindfolded: EEOC Withdraws Guidance On Wellness Programs
Seyfarth Synopsis: Effective January 1, 2019, the EEOC withdrew its prior guidance on the level of incentives employers may offer their employees ...
United States
18 Feb 2019
8
Once Is Enough: Eleventh Circuit Allows Racial Harassment Claim Against Health Care Provider To Proceed—And Takeaways For Employers
In a recent decision, the Eleventh Circuit Court of Appeals held that the use of the N-Word in the workplace one time is sufficient to trigger a hostile work environment.
United States
19 Oct 2018
9
Having Your Cake And Eating It Too: Sixth Circuit Rules That Employees Need Not Return Severance Pay Before Suing
In a recent decision, the U.S. Court of Appeals for the Sixth Circuit ruled that former employees need not return severance pay before filing a lawsuit against an employer, when the employee alleges...
United States
4 Oct 2018
10
Recent Decision Re-Enforces The Legal Framework For Sexual Harassment Claims
In recent months, sexual harassment has seized national headlines and raised significant questions about company policies, procedures, and culture.
United States
26 Apr 2018
11
Rock And A [Softer] Hard Place: Seventh Circuit Eases The Burden For Accommodating Employees With Mental Health Disabilities
Complying with the ADA, particularly when an employee has a mental health-related disability, can be challenging.
United States
10 Jan 2018
12
Passage Of The Save Local Businesses Act In The House May Signal A Broader Rejection Of Obama-Era Rules On Joint Employment
On November 7, 2017, the U.S. House of Representatives passed the Save Local Businesses Act.
United States
17 Nov 2017
13
Got Privilege? When It Comes To Internal Investigations, Think Again …
A recent decision out of the U.S. District Court for the District of Columbia serves as a helpful reminder on the difficulties of maintaining privilege during internal company investigations.
United States
24 Aug 2017
14
Fifth Circuit Says Regular Attendance At Work Is An Essential Function Of Most Jobs
In a recent win for employers, the Fifth Circuit clarified that opened-ended or unlimited requests to work from home are unreasonable under the Americans with Disabilities Act ...
United States
21 Jul 2017
15
Finally Briefed: Appellate Experts' Perspective On The Fully Briefed 5th Circuit EAP Exemption Appeal
How the Fifth Circuit handles the appeal, now that it is fully briefed, will affect what happens from here in the lower court in ways that are difficult to predict.
United States
18 Jul 2017
16
Texas Supreme Court Rules That There Is No Cause Of Action For "Compelled Self-Defamation" In Texas
However, in a win for employers, the Texas Supreme Court recently ruled that Texas does not recognize such a claim, joining the majority of states and providing certainty to Texas employers.
United States
13 Jun 2017
17
The Ninth Circuit Goes All In. Will The Supreme Court Call?
Recently the Ninth Circuit doubled down on its decision that service advisers at car dealerships are not exempt from the FLSA...
United States
9 Jun 2017
18
Is Hiring The Most-Qualified Candidate Reasonable? Two Recent Decisions Say Yes.
In two recent decisions, the Eleventh Circuit and a Texas district court have helped clarify that an employer's policy of hiring the most-qualified individual for a job does not violate the ADA.
United States
28 Apr 2017
19
Comma, Comma, Comma, Comma, Comma Chameleon: Liability Comes and Goes with Oxford Comma
In that case, a group of dairy delivery drivers sued Oakhurst, claiming the company failed to pay them overtime under Maine's wage and hour laws.
United States
29 Mar 2017
20
Fifth Circuit Warps Time In Decision On The Continuing Violation Doctrine
The lower court will now consider conduct many years outside of the 300-day limitations period under Title VII.
United States
23 Mar 2017
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