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30Oct2015

Fifth Circuit upholds collective action waivers in arbitration agreements (again)

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By Kelline R. Linton, Associate.   On Monday, the Fifth Circuit upheld the validity of arbitration agreements that bar employees from pursuing collective actions, affirming the Court’s precedent established in D.R. Horton, Inc.   In Murphy Oil USA v. NLRB, No. 14-60800 (5th Cir. Oct. 26, 2015), the company’s employees signed an arbitration agreement that
15Jul2015

DOL says most independent contractors actually employees

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By Kelline R. Linton, Associate.   The Department of Labor (“DOL”) issued guidance today that clarified the independent contractor versus employee issue. The 15-page memorandum advised that most workers qualify as employees under the Fair Labor Standards Act’s (“FLSA”) expansive definition of employment, which defines employment as “to suffer or permit to work.”   Courts
09Jul2015

Breaking News from the Department of Labor (DOL)

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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
06Aug2014

Federal contractors to report violations during bidding under new Executive Order

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By Kelline R. Linton, Junior Associate.   On July 31, 2014, the President signed the Fair Pay and Safe Workplace Executive Order, which will require federal contractors to report violations of 14 federal laws and as yet unspecified state laws when bidding on service and supply contracts. This Order is effective immediately, but will start
15May2014

Update: Intern Class Actions and the FLSA

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By Kelline R. Linton, Junior Associate.   In the last two years, intern class actions have exploded across the country. Generally, these class actions claim that employers violate the Fair Labor Standards Act (“FLSA”) when they fail to pay their interns.   As of May 2014, only one court has ruled in favor of the
20Feb2014

Executive Order increases minimum wage for federal contractors

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By Kelline R. Linton, Junior Associate.   Last week, President Obama signed an executive order that raised the minimum wage for federal contractors to $10.10 an hour from the current rate of $7.25. The following is a breakdown of the key implementation aspects of this Order:   The Scope of the Order: The Order is
31Jan2014

High Court defines “changing clothes,” finds putting on safety gear not paid time

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By Kelline R. Linton, Junior Associate.   In a recent case decided on January 27, the U.S. Supreme Court found that the time employees spent donning and doffing protective gear was “changing clothes” under 29 U.S.C. § 203(o). Section 203(o) permitted collective bargaining on whether time spent changing clothes would be paid time, so the
30Jan2014

When the Weather Closes Business Doors, Are Exempt Employees Left in the Cold?

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By Linda H. Evans, Senior Associate.   This winter many areas of the country have had more than the usual number of winter storms resulting in closed schools and businesses. How do closures impact wages for exempt employees who typically get a set amount on each paycheck, regardless of the number of hours worked? Here
23Jan2014

Even HR Managers Can Bring Overtime Lawsuits

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By Linda H. Evans, Senior Associate.   A federal judge in Florida certified a nationwide collective action against Lowe’s Home Centers on January 10, 2014.  The odd thing about this case is that it was brought by HR Managers who claimed they were misclassified as exempt from overtime.  The plaintiff was an HR Manager at
08Jan2014

Employers Should Ensure Workplace Compliance Posters are Updated for 2014

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By Kelline R. Linton, Junior Associate.   As the new year begins, Texas employers should ensure their workplace compliance posters are up-to-date and meet all regulatory requirements.   Texas requires all employers to display posters containing information on the Texas Payday Law, the Fair Labor Standards Act, the Occupational Safety and Health Act, the Workers’
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