Phone (713) 629-1800 • Email: lawinfo@nhblaw.com

Archives

09Jul2015

Breaking News from the Department of Labor (DOL)

  • By Amy McNally
  • 5 Tags
  • 0 Comments
By Linda H. Evans, Senior Associate.   It was announced last week that the Obama administration plans to raise the wage requirement used by companies that exempts millions of executive, administrative, and professional workers from overtime and minimum wage. This “white collar” exemption currently applies to those workers who earn more than $455 per week
30Jun2015

Staffing Agencies and Per Diems

  • By Amy McNally
  • 4 Tags
  • 0 Comments
By Linda H. Evans, Senior Associate.   Six staffing agencies have been investigated and are working on an agreement with the Department of Labor (“DOL”) to pay $3.5 million in back wages to about 3,000 workers. The workers were employed to work on projects in the Gulf coast area and were paid the minimum hourly
17Jun2015

Recent Court Rulings Offer Protective Measures for Companies

  • By Amy McNally
  • 8 Tags
  • 0 Comments
By Kelline R. Linton, Associate.   Texas businesses reporting employee crime are protected from defamation suits   The Texas Supreme Court recently issued a long-anticipated opinion that protects companies forced to report their employees to authorities for criminal activities. In Shell Oil Co. v. Writt, the Court held that an international investigation report that Shell
04Jun2015

Hot Topics Call for Updates to Employee Handbooks & Policies

  • By Amy McNally
  • 5 Tags
  • 0 Comments
By Kelline R. Linton, Associate.   Both the NLRB and OSHA recently published guidelines for employer policies that tackle two hot topics in the workplace.   Social Media Policy   Since 2011, the National Labor Relations Board (“NLRB”) has focused on the propriety of employer policies that address employees’ use of social media in the
15May2015

When The TWC Calls, Pick Up The Phone!

  • By Amy McNally
  • 2 Tags
  • 0 Comments
By Linda H. Evans, Senior Associate.   Last summer, the Texas Workforce Commission (TWC), in conjunction with the Federal Unemployment Tax Act, adopted a new rule that it quietly put into place without most of us noticing. Like many states, Texas normally will correct an employer’s unemployment account if the state finds charges were made
07May2015

Big News for Employers: Courts review EEOC’s duties to conciliate and investigate

  • By Amy McNally
  • 5 Tags
  • 0 Comments
By Kelline R. Linton, Associate.   EEOC’s Duty to Conciliate Last week, a unanimous U.S. Supreme Court held that courts have the authority to review whether the EEOC satisfies its pre-suit obligation to attempt conciliation. (Mach Mining, LLC v. EEOC, No. 13-1019 (April 29, 2015)).   Under federal law, the EEOC is obligated to investigate
30Apr2015

Texas Supreme Court Fails to Extend Immunity to Government Contractors

  • By Amy McNally
  • 3 Tags
  • 0 Comments
By Kelline R. Linton, Associate.   On Friday, the Texas Supreme Court held that an independent contractor is not entitled to sovereign immunity when exercising independent discretion in performing government functions.   In Brown & Gay Engineering, Inc., No. 13-0605, a drunk driver entered the Westpark Tollway the wrong way on an exit ramp, which
27Apr2015

Do Your Homework Before Doing Background Checks!

  • By Amy McNally
  • 3 Tags
  • 0 Comments
By Linda H. Evans, Senior Associate.   Earlier this week, Home Depot agreed to pay at least $1.8 million to resolve a putative class action lawsuit which accused the store of violating the Fair Credit Reporting Act (FCRA) by using flawed job application background check forms. This is not the first time the chain has
06Apr2015

Problems with Whistleblower Investigations and Confidentiality

  • By Amy McNally
  • 4 Tags
  • 0 Comments
By Linda H. Evans, Senior Associate.   A Houston-based global technology and engineering firm has to pay a $130,000 fine to the SEC for an alleged violation of whistleblower protection rules. The problem stemmed from the restrictive language which was part of the confidentiality agreement that employees were required to sign when reporting potential illegal
30Jan2015

Supreme Court: Union contracts governed by contract law principles

  • By Amy McNally
  • 4 Tags
  • 0 Comments
By Linda H. Evans, Senior Associate.   Earlier this week, the U.S. Supreme Court ruled that vague provisions in union contracts should not automatically be interpreted to favor workers. A chemical plant in W. Virginia had a contract with the steelworkers from the 1990’s which provided lifetime health care benefits to retirees at no cost.
?>