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Another One Bites the Dust: Fifth Circuit Vacates 80/20 and 30-Minute Rules Concerning the Legality of Minimum Wage Compensation...

In a landmark decision issued on August 23 in the case of Restaurant Law Center; Texas Restaurant Association v. the United States Department of Labor, the United States Court of Appeals for the Fifth Circuit upended decades...more

Supreme Court Addresses Federal Arbitration Act’s Residual Clause, But Circuit Split Remains Regarding Personal Jurisdiction in...

On June 6, 2022, the Supreme Court addressed two cases involving employment law issues. The Court’s significant opinion in Southwest Airlines Co. v. Saxon regarding the scope of the residual clause contained in Section 1 of...more

Avoiding “Single Event” Hostile Work Environment Claims

Title VII of the 1964 Civil Rights Act and other anti-discrimination statutes require employers to avoid discrimination on the basis of race, gender, and other improper classifications. The United States Supreme Court has...more

Impact of the Fifth Circuit’s Swales Decision on the FLSA Collective Action Certification Process

Employers confronted with Fair Labor Standards Act (FLSA) claims as to their operations in Texas, Louisiana, or Mississippi should take note of a new decision by the United States District Court for the Northern District of...more

Supreme Court Restricts Use of Computer Fraud and Abuse Act

In its recent decision in Van Buren v. United States, the U.S. Supreme Court narrowed the scope of the Computer Fraud and Abuse Act (CFAA) and its potential use by employers to ensure computer security and protection for...more

Avoiding Retaliation Claims Under the Family Medical Leave Act

In addition to requiring employers to accommodate employees requesting covered family or medical leaves, the federal Family Medical Leave Act (FMLA) prohibits retaliating against an employee for exercising FMLA rights. The...more

While Courts Are Backlogged, Arbitration May Be an Ideal Alternative [Audio]

As we approach the one-year mark of COVID-19 lockdowns, state and federal courts continue to struggle with the scheduling of civil cases – with some cases backed up to the end of 2022 and even the beginning of 2023. For...more

Best Practices for Maintaining Confidentiality of Trade Secrets in Virtual Arbitration Proceedings

Clients who opt for the privacy of alternate dispute resolution to resolve business differences are sometimes chagrined to learn that designating an ADR does not by itself guarantee confidentiality of trade secrets. The usual...more

Proper Payment for Hours Worked by Remote Workers in the Age of COVID-19: U.S. Department of Labor Issues New Guidance to...

COVID-19 has augmented many challenges for employers. The most observable of these has been the necessity of avoiding congregating employees at the workplace. Unfortunately for employers, eliminating the requirement to work...more

OSHA Issues Updated Pandemic Guidance

The Occupational Safety and Health Administration (OSHA) has recently updated its website by including frequently asked questions pertaining to workplace safety and the many challenges confronting employers with the COVID-19...more

Harris County Orders Health and Safety Policies for Commercial Entities and Face Coverings

Following the lead of Bexar County and others around the state, County Judge Lina Hidalgo issued a new order on Friday, June 19, 2020, aimed at helping contain the spread of COVID-19. This order directs any businesses...more

Austin Mayor Issues Order Regarding Health and Safety Policies for Business Employees and Patrons

Austin Mayor Steve Adler issued an order on Wednesday, June 17, 2020, that mandates all Austin businesses must develop and implement a safety policy related to COVID-19. This order comes following a clarification from...more

COVID-19 and the Non-Subscriber Employer

The COVID-19 pandemic has triggered unprecedented challenges for companies striving to ensure a safe work environment. Scrutinizing the manner in which companies have addressed these challenges has so far been conducted...more

EEOC Issues Updated Pandemic Guidance

The Equal Employment Opportunity Commission (EEOC) has prepared and is periodically updating its website entitled “Technical Assistance Questions and Answers” related to the many novel challenges confronting employers with...more

Bexar County Issues Executive Order Regarding Health and Safety Policies for Commercial Entities and Face Coverings

On June 17, 2020, Bexar County Judge Nelson Wolff issued Executive Order NW-10 to extend the local disaster declaration and public health emergency for Bexar County. The order went into effect at noon on June 17, 2020, and...more

Texas Supreme Court Clarifies Standard for Qualifying for Workers’ Compensation Act’s Intentional-Injury Exception

The Texas Supreme Court recently clarified that the Workers’ Compensation Act’s intentional-injury exception applies only to situations where the employer purposefully causes injury or when the employer believes “that its...more

U.S. Supreme Court Decides Major International Arbitration Case

For the first time in six years, the U.S. Supreme Court focused its attention upon the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958, commonly referred to as the “New York Convention,” to...more

Supreme Court Addresses “Defense Preclusion” as a Component of Res Judicata in New Trademark Decision

In Lucky Brand Dungarees, Inc. v. Marcel Fashions Group, Inc., the United States Supreme Court recently considered for the first time whether and the extent to which it should recognize “defense preclusion” as a valid...more

The Fifth Circuit Returns Common Sense to the Law of Appellate Jurisdiction

The United States Court of Appeals for the Fifth Circuit has issued an en banc decision in Williams v. Taylor Seidenbach Incorporated that is designed to re-connect the law of federal appellate jurisdiction with common sense....more

EEOC Issues Newly Revised Guidance for Accommodating Workers Identified as Higher Risk

Employers have had to confront many novel challenges with the COVID-19 outbreak, particularly having to cease or significantly reduce business activities. Now, they must confront the equally difficult challenge of reopening....more

Fifth Circuit Returns to the New York Convention to Address a Protracted Saga in International Arbitration

For the second time this year, the United States Court of Appeals for the Fifth Circuit has issued a decision interpreting and applying the New York Convention in an international arbitration case. In the most recent...more

Fifth Circuit Comprehensively Analyzes the Exemption for Highly Compensated Employees

In Smith v. Ochsner Health System, the United States Court of Appeals for the Fifth Circuit recently addressed comprehensively for the first time the appropriate analysis of the Fair Labor Standards Act’s “highly compensated...more

Snap Removal in a Non-Removable Setting

In Texas Brine Co., L.L.C. v. American Arbitration Association, the United States Court of Appeals for the Fifth Circuit recently addressed a question of first impression involving an interesting twist on removal...more

Independent Contractors Redux: Fifth Circuit Returns to Oil Patch to Address Independent Contractor Status Under the Fair Labor...

Overtime Pay in the Oil Patch - The boom for domestic energy producers, particularly in the Permian Basin, has been accompanied by the companion challenge of how to compensate transient oilfield service providers within...more

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