Employment & Labor Insider

Employment & Labor Insider

Legalese is not spoken here

Tag Archives: Texas

What should employers do about overtime now? Ask the wage-hour lawyers.

Posted in Wage-Hour
As most readers know, the U.S. Department of Labor’s overtime rule, which was set to take effect yesterday, was preliminarily enjoined (temporarily blocked) on November 22 by U.S. District Court Judge Amos Mazzant III. The injunction in Nevada v. Perez applies nationwide, but the court’s decision is not final, and the DOL appealed yesterday. An article… Continue Reading

Court blocks DOL overtime rule: The fuller story

Posted in Wage-Hour
NOTE FROM ROBIN: As I posted last night, the U.S. Department of Labor Overtime Rule, which would have taken effect a week from tomorrow, has been preliminarily enjoined. I am re-posting here a client bulletin by Jim Coleman, co-chair of our Wage and Hour Compliance and Litigation Practice Group, and me. This went out to our clients… Continue Reading

Weekly catch-up

Posted in HR, Labor Relations
The U.S. Department of Labor’s new Persuader Rule, which was scheduled to take effect July 1 before it was temporarily blocked by a federal judge in Lubbock, Texas, has now been permanently enjoined. That means the new Rule is dead, subject to the DOL’s right to appeal the decision. And, of course, with the incoming Trump… Continue Reading

Everything’s happening in Texas!

Posted in Labor Relations, Wage-Hour
Don’t mess with Texas. In Lubbock yesterday, Judge Sam R. Cummings permanently enjoined the U.S. Department of Labor’s Persuader Rule, which is great news for employers. David Phippen has the full story here. The DOL can appeal to the U.S. Court of Appeals for the Fifth Circuit (it’s already appealing the preliminary injunction issued in… Continue Reading

Employer groups try to block “Fair Pay and Safe Workplaces” rule. Will they beat the deadline?

Posted in Affirmative Action
UPDATE (10/25/16): They did, they did! Judge Marcia Crone has issued a preliminary injunction against the Rule, which blocks it from going into effect. She agreed with the plaintiffs on just about every point (although she declined to block the paycheck transparency provisions). Here is a copy of the Order. Many federal contractors are on the verge… Continue Reading

Enforcement date of OSHA rule delayed again — until December 1

Posted in Drug Testing, Retaliation, Safety, Workers' Compensation
The Occupational Safety and Health Administration has delayed for a second time the enforcement date of its new “Reasonable Reporting Procedure” rule as it pertains to post-accident drug testing and safety incentive programs. The new enforcement date for the rule is December 1. The rule was scheduled to take effect on August 10, and then OSHA extended… Continue Reading

Your summer labor and employment reading list — for this week, anyway

Posted in Affirmative Action, Discrimination, FOCUS, Gender Identity Discrimination, Labor Relations, Pregnancy
I was on vacation last week, and so we have a lot of catching up to do. Here’s what’s been going on, from most to least recent: *David Phippen has been keeping us up to date on the U.S. Department of Labor’s Persuader Rule and what that will mean for employers. On Wednesday, a federal judge in… Continue Reading

No April foolin’ – third lawsuit challenging DOL Persuader Rule is filed

Posted in Labor Relations, Lawyers!
We now have an April Fool’s Day Persuader Rule challenge (but it’s real). The National Federation of Independent Business leads this group of plaintiffs, and has filed suit in federal court in Texas, which is in the Fifth Circuit. The other two lawsuits were filed in Arkansas and Minnesota, both in the Eighth Circuit. Here’s our… Continue Reading

Don’t be a “Streisand Effect” employer.

Posted in Misconduct
None of us is immune from the Streisand Effect. Not even employers. A real estate firm in Dallas sued its ex-bookkeeper, Jacqueline, for embezzling approximately $400,000 over a four-year period by writing checks to phony vendors and all the usual tricks. She generally denied the allegations, and apparently the parties didn’t do much discovery, so they… Continue Reading

Employers, the ADA interactive process applies to post-offer medical examination, too

Posted in Americans with Disabilities Act, Discrimination
True or false: A rotator cuff injury is a "disability" within the meaning of the Americans with Disabilities Act. The best answer is “In all likelihood.” A minor tear that can be repaired may not be a disability (it depends), but a severe injury, or one that is inoperable with residual limitations, probably is. True… Continue Reading

Employment law autopsy: “Old fart” gets fired

Posted in Discrimination, Employment at Will
Here’s a lesson: Don’t call your employee an “old fart,” especially if you think you may need to fire him someday. And don’t call his co-workers “old farts” right before you fire the co-workers. And don’t give your “old fart,” who has only a first-level warning on his record, three or four “progressive” warnings on the day that you… Continue Reading

What does SCOTUS same-sex marriage decision mean for employers?

Posted in Same-sex marriage
Maybe not that much, depending on where you are and how “proactive” you’ve already been before now. Seriously, I don’t think Friday’s Supreme Court decision in Obergefell v. Hodges will be that big a deal for most employers. The Supreme Court already decided in 2013 that the federal definition of “spouse” included same-sex spouses (assuming the marriage was… Continue Reading

BREAKING: FMLA “spousal” rule on hold for now

Posted in Family and Medical Leave Act, Same-sex marriage
The new rule defining “spouse” for purposes of leave under the Family and Medical Leave Act was set to take effect today. But a federal judge in Texas yesterday temporarily blocked the rule from going into effect after attorneys general in several states that do not recognize same-sex marriage challenged it. The plaintiffs were the states… Continue Reading

3 employer bummers: Veganism a “religion,” ADA interactive process fails, and costly severance mistake

Posted in Americans with Disabilities Act, Civil Procedure, Discrimination, Employment at Will, Family and Medical Leave Act
A court says veganism might be a "religion" requiring accommodation, a school district gets nailed for failing to engage in the "interactive process" under the Americans with Disabilities Act, and yet another employer makes an avoidable and very expensive mistake with a severance package. Fun and games!… Continue Reading