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Is Comp Time Finally Coming to Private Employers?

Comp time has long been available to public sector employees, but never for private companies. That might be changing soon. On May 2, the House passed the Working Families Flexibility Act. This bill would amend the Fair...more

Is Comp Time Finally Coming to Private Employers?

Comp time has long been available to public sector employees, but never for private companies. That might be changing soon. On May 2, the House passed the Working Families Flexibility Act. This bill would amend the Fair...more

Seventh Circuit Recognizes Sexual Orientation as Protected Class

This week, the US Court of Appeals for the Seventh Circuit became the first Federal Court of Appeals to hold that discrimination based on sexual orientation is actionable under Title VII of the Civil Rights Act. This decision...more

Trump Administration Brings New Priorities on Immigration Front for Employers

President Trump has only been in office a little over a month, but one thing is clear. He intends to do what he said he would do on the campaign trail, especially in regard to immigration. What does that mean for employers?...more

2016/2017 Labor & Employment Observer

Activist NLRB Created More Problems For All Employers in 2016 - What Happens Under President Trump? During 2016, the National Labor Relations Board (NLRB or the Board) maintained its generally pro-union, anti-employer...more

Employment Laws Go Local — The Rise of Municipal and State Lawmaking [Labor & Employment Observer]

Ban the Box, living wage, sick pay, and legalized marijuana. These laws are at the cutting edge of employment law, and they are all legislative efforts at the state and city level. With a Republican Congress since 2010, new...more

White House Pushes for Ban on Non-Competes

The enforceability of employee restrictions on competition has traditionally been up the states, with some, like California, largely banning such agreements, while others, like Texas, allowing them with reasonable...more

Judge Temporarily Blocks “Blacklisting” Rules

Large government contractors on Monday received a reprieve, at least preliminarily, from the implementation of the U.S. Department of Labor’s so-called “blacklisting” rules, under which covered contractors (including...more

Anti-Trust Laws Can Impact HR Departments

You can add anti-trust laws to the long list of legal risks that must now be managed by corporate HR departments. According to a recent guidance document prepared by the Federal Trade Commission and the Department of Justice,...more

Update on Legal Challenges to DOL Regulations

This year, the Department of Labor (DOL) announced new regulations that would double the minimum threshold for a salaried employee exempt from overtime from $455 per week to $913 per week (or $47,476). The regulations also...more

New Decision Allows Employee Suit for Violation of Concealed Handgun Law

Texas and many other states in the South have passed state laws in recent years restricting employers from terminating employees who keep their lawfully-licensed concealed handgun locked in their vehicle. For the most part,...more

Does Your Company Need a Pokémon Policy?

The latest craze is Pokémon Go, an app for smartphones that allows people to “catch” Pokémon creatures by integrating the real world with the virtual world. So what do you do if you see one of your employees wandering around...more

New Overtime Regulations Put Spotlight on Incentive Plans

One of the few concessions made by the Department of Labor (DOL) to employers in the new overtime regulations is permission to count non-discretionary incentive payments towards the minimum salary threshold for exempt...more

DOL Issues Final Rule on FLSA Overtime Rules: Action Items for Employers

This week the U.S. Department of Labor (DOL) released final regulations regarding the Fair Labor Standards Act’s (FLSA) executive, administrative and professional overtime exemptions, also known as the “white collar”...more

Civil Seizure to Dominate Litigation Under the Defend Trade Secrets Act

With a stroke of the pen, President Obama signed into law the first-ever federal trade secrets regime, opening federal courthouse doors to all trade secrets litigants. While federal subject matter jurisdiction is widely...more

Is Your Sexual Harassment Training Making Things Worse?

A recent article about a study on the effectiveness of sexual harassment training caught my eye. The article explains: “Some researchers believe trainings have no positive effects, tend to be more about legal cover than...more

Schilling Firing: Can You Fire An Employee for What They Say on Social Media?

This week ESPN fired pitcher-turned-broadcaster Kurt Schilling for an allegedly offensive tweet about the recently passed law in North Carolina requiring persons to use the restroom associated with the sex of their birth. As...more

Department of Labor Getting Close to Release of Final Overtime Regulation

Last year, the Department of Labor (DOL) announced a proposed regulation to increase the minimum salary threshold for salaried exempt workers from $23,000 to approximately $50,000 and to index the amount to inflation....more

Limiting Employees’ Hours to Dodge the ACA’s Employer Mandate Could Violate ERISA

In a move that brings many employers’ fears closer to fruition, a federal district court recently ruled that an employee may proceed with a class action lawsuit alleging that her employer violated the Employee Retirement...more

White House Announces New Requirement for Pay Data to Be Included in Form EEO-1

Last week, the White House announced yet another executive action. For the first time, private employers will be required to include pay data on the Form EEO-1, which is required annually for all employers with more than 100...more

Looking Forward to 2016

A new year is upon us, and it is shaping up to be a big one in terms of political and regulatory change. As the last year of the Obama presidency, there is a lot of pressure on the administration to leave a mark – including...more

Labor and Employment Observer 2015/2016

The Irony in Regulating Employee Social Media Speech: the NLRB vs. the FTC - BREAKING NEWS: Employees use social media. A lot. And, in a related story, Bush beat Gore, according to the Supreme Court. All breaking news,...more

New Year Brings New Gun Laws in Texas

Texas has long allowed licensed citizens to carry concealed handguns, but in 2016 Texas will allow “open carry” for the first time. For employers, this means dusting off the gun policies and signs on your front doors to...more

HR Trouble at Holiday Parties

It’s that time of the year when HR professionals are crossing their fingers and hoping they don’t have to terminate anyone for misconduct at the company holiday party. Fox 26 in Houston interviewed me about the suggested tips...more

Don’t Let Politics Disrupt Your Workplace

I recently wrote an article for the Houston Business Journal on this subject, which can be found here. With the 2016 election campaign already going strong, now is a good time to review company policies in this area to...more

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