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 […]
FLSA
17 posts
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]