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09Jul2015

Breaking News from the Department of Labor (DOL)

  • By Amy McNally
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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
10Dec2012

Despite the Government’s View to the Contrary, It is Still Legal for Government Contractors to Make a Profit

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When it comes to Time and Material or Labor Hour contracts many contractors might not know all of their rights concerning what is an acceptable amount of profit. The Federal Acquisition Regulation (FAR) defines hourly rates in Section 52.232-7, but little case law exists when it comes to interpreting reasonable amounts of profit under Labor
30Nov2012

Peering Over the Fiscal Cliff

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Many government contractors and other business are standing on the edge of the fiscal cliff that occurs on January 1, 2013; namely, the automatic 10% government-wide across the board cuts known as “sequestration.”  For those who have not been watching Congress make sausage, there is a divide between Democrats and Republicans about what the fix
29Nov2012

Ascertaining the Scope of a Conditionally Certified Class in Texas

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In Lopez v. Bombay Pizza Co., 2012 WL 5397192 (S.D. Tex., Nov. 5, 2012) the Court was faced with the issue of defining the scope of a conditionally certified class. In this case, a former cook at Bombay Pizza sued to collect on unpaid overtime wages under the Fair Labor Standards Act (FLSA). In doing
27Nov2012

Elder Care and the Companionship Service Exemption to FLSA[i]

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Employee productivity is directly impacted by family care issues. In fact, more employee productivity is spent on elder-care issues than on child-care issues.[ii] It is estimated that as the population continues to grow, most employees will be affected by elder-care issues during their career.[iii] As this trend continues, employers would be wise to educate their
10May2012

The Service Contract Act – Part 1

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The Service Contract Act (SCA) generally requires that government contractors on service contracts, with certain limited exceptions, pay a “prevailing wage” to their employees in each specified locality where they have work.  Today, we will address the regulatory language and supporting case law that dictate how and at what point contractors should apply new labor
09May2012

Update on Executive and Employee Compensation in Government Contracts

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The Government is in constant pursuit of later for ways to save money and, for many in the government, there is no better place to do that than on the backs of contractor that serve it.  A popular target with the  current Administration is the area of executive compensation.  It seems not enough that shareholders
08May2012

Houston Courts Deny Conditional Certification in Two FLSA Collective Actions

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In Richardson v. Wells Fargo Bank, N.A. (S.D. Tex., February 2, 2012) and Andel v. Patterson-UTI Drilling Co., LLC, (S.D. Tex., February 15, 2012), the Houston Federal Court sent a clear message to  seekers of conditional certification in FLSA collective actions.  Namely, it will take much more than an employee’s belief to meet the criteria
07Apr2012

A “Day Rate” By Any Other Name May Not Be a Day Rate

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One issue that seems to yield an endless barrage of confusion in the oil fields and off-shore activities germane to the Texas oil and gas business is the application of a “day rate” to a company’s employees.  The Department of Labor (DOL) has promulgated regulations regarding these, and the Courts have expressed their view on
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