Michael Kelsheimer

Michael Kelsheimer

Gray Reed & McGraw, P.C.

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New Overtime Regulations Frozen – to Death? What You Need to Know About the Overtime Rule Injunction Issued Nov. 22, 2016

On March 13, 2014, President Barack Obama issued a presidential memorandum directing the Secretary of Labor to “modernize and streamline the existing overtime regulations”. The Department of Labor (DOL) took action and, in...more

11/30/2016 - DOL Exempt-Employees Final Rules FLSA Minimum Salary Non-Exempt Employees Obama Administration Over-Time Preliminary Injunctions Trump Administration Wage and Hour White-Collar Exemptions

When Can Employee Policies Be Amended?

Thinking about changing an employee policy in Texas? Kubala v. Supreme Production Services, Inc. says you can do it (almost) whenever you want. Want to make employees arbitrate their disputes? You can do that too....more

8/10/2016 - Arbitration Arbitration Agreements Collective Actions Delegation Clauses Employment Policies Energy Sector FLSA Mandatory Arbitration Clauses Oil & Gas

Federal Changes to Overtime Exemptions

For the last year, the U.S. Department of Labor (DOL) has been working on proposed rule changes related to overtime exemptions. These changes are designed to substantially decrease the number of employees who are exempt from...more

5/20/2016 - DOL Exempt-Employees Final Rules FLSA Minimum Salary Over-Time Standard Duties Test Wage and Hour White-Collar Exemptions

What You Need to Know About the Federal Defend Trade Secrets Act of 2016

President Obama is expected to sign the Defend Trade Secrets Act of 2016 (DTSA), which was passed by Congress at the end of April 2016. This law could impact your property protection, litigation and employment law strategies....more

5/9/2016 - Asset Seizure Confidential Information Defend Trade Secrets Act (DTSA) Employment Contract Ex Parte Intellectual Property Protection Misappropriation Pending Legislation Popular Private Right of Action Trade Secrets

Employment Law 101: National Origin, Citizenship & Immigration Status Discrimination

Who does it apply to: Part of the protection comes from Title VII, which applies to employers with 15 or more employees. An overlapping part of the protection comes from the Immigration Reform and Control Act (IRCA), which...more

2/18/2016 - Discrimination Disparate Impact Employer Liability Issues Hiring & Firing IRCA National Origin Popular Title VII Wage and Hour Young Lawyers

Employment Law 101: Race Discrimination

Who, What, Why . . . Who does it apply to: The law applies to all employers regardless of size. What is the issue: The Civil Rights Act of 1866 was passed to prohibit racial discrimination in contracts of...more

12/11/2015 - Disparate Impact EEOC Popular Race Discrimination Retaliation Title VII

Voting Rights

Who does it apply to: The Texas Election Code rules for employee voting rights and time off apply to all Texas employers. Can I do it myself: Who is protected: All employees, including temporary or seasonal workers, are...more

10/20/2015 - Seasonal Workers Temporary Employees Unpaid Overtime Voting Leave Voting Rights Wage and Hour Work Schedules

Wage and Hour Claims Menace Producers

It’s common knowledge: Fair Labor Standards Act audits from the U. S. Department of Labor and lawsuits from workers for overtime violations are coming faster than a blitzing safety on a third and long. Native Oilfield...more

9/30/2015 - Attorney's Fees Collective Actions DOL Energy Sector FLSA Halliburton Lay-Offs Oil & Gas Statutory Damages Unpaid Overtime Wage and Hour

Employment Law 101: Religious Discrimination

Who does it apply to: The law applies to all employers with 15 or more employees. What is the issue: Title VII was passed in the 1960s to protect against discrimination based on race, color, religion, sex or national origin....more

8/20/2015 - Discrimination Disparate Impact Disparate Treatment EEOC Employment Policies Labor Code Popular Religious Discrimination Religious Freedom Tattoos Title VII

Employment Law 101: Jury Duty

Who does it apply to: The Jurors Right to Reemployment Act and the Jury System Improvement Act of 1978 applies to all employers in Texas. These laws protect the employment status of those employees serving jury duty in either...more

6/23/2015 - Employer Liability Issues Exempt-Employees Human Resources Professionals Jury Duty Non-Exempt Employees Wage and Hour

Employment Law 101: Sex Discrimination

Who does it apply to: The law applies to all employers with 15 or more employees. What is the issue: Title VII was passed in the 1960s to protect against discrimination based on race, color, religion, sex or national...more

4/22/2015 - Discrimination Employer Liability Issues National Origin Discrimination Popular Race Discrimination Religious Discrimination Sex Discrimination Title VII Young Lawyers

Employment Law 101: Americans with Disabilities Act

Who does it apply to: The law applies to all employers with 15 or more employees. What is the issue: It is against the law to discriminate against an employee or a prospective employee based on a disability the person...more

12/5/2014 - ADA Best Management Practices Disability Disability Discrimination Employee Rights Employer Liability Issues Employment Policies Hiring & Firing Reasonable Accommodation

The $185 Million – Yes – $185,000,000 Single Employee Discrimination Case

On November 17, a federal jury returned a verdict against AutoZone in favor of a single plaintiff for the insane amount of $185,000,000.00 in punitive damages. The plaintiff alleged gender and pregnancy-related harassment,...more

11/25/2014 - AutoZone Compensatory Damages Discrimination EEOC Enforcement Actions Gender Discrimination PDA Pregnancy Discrimination Punitive Damages Retaliation

Corporate Wellness Programs: It’s Time for a Check-Up

The EEOC is back at it! This time it has targeted corporate wellness programs and is challenging the legality of such programs under the ADA. The EEOC contends that the biometric testing and health risk assessments are...more

11/19/2014 - ADA Biometric Information EEOC Employer Liability Issues Enforcement Actions Medical Examinations Wellness Programs

Employment Law 101: Employee Handbooks

Who, What, Why . . . Who does it apply to: It is up to you. A business with two employees might benefit from an employee handbook. A business with 100 might function fine without one. There are no legal rules about...more

10/31/2014 - Best Management Practices Employee Handbooks Employment Policies

EEOC Trying to Change the “Status” for Transgendered Employees

On September 25, 2014, the EEOC filed lawsuits in Florida and Michigan accusing employers of discriminating against transgendered employees. These are the first two cases ever filed seeking to protect transgender workers...more

10/1/2014 - Civil Rights Act Discrimination EEOC Gender Identity Title VII Transgender

Shop ‘til You Drop – But Take a Day to Pray

Retail stores cannot force an employee to work seven consecutive days without giving the employee one day off to worship or rest. Like the ADA, retail stores must also accommodate the religious beliefs of employees unless it...more

9/10/2014 - Employee Rights Reasonable Accommodation Religion Retailers Undue Hardship

Employment Law 101: Worksite Lactation Breaks

According to the Patient Protection and Affordable Care Act, all employers with more than 50 employees nationwide are required to comply. Employers with less than 50 employees may not comply if it would be an undue hardship....more

8/27/2014 - Affordable Care Act Breastfeeding Employee Rights Healthcare Undue Hardship

Losing My Religion: Do I Want to Know My Employee’s Beliefs?

The Fifth Circuit Court of Appeals recently updated employees’ guide to southern manners. Don’t worry, employees should still say “yes ma’am” and “no ma’am.” But you know the old saying that you should never discuss politics...more

8/18/2014 - Compliance Employer Liability Issues Religion

Employment Law 101: Pregnancy Discrimination

What is the issue: Title VII was passed in the 1960’s to protect against discrimination based on race, color, religion, sex or national origin. Since that time, other laws have been passed adding protection against...more

7/30/2014 - ADA Best Management Practices Discrimination EEOC Employer Liability Issues Pregnancy Discrimination Reasonable Accommodation Title VII

Employment Law 101: Travel Time

Who, What, Why . . . Who does it apply to: All employers who are subject to the Fair Labor Standards Act, which is virtually every employer....more

6/2/2014 - Employer Liability Issues FLSA Travel Pay Travel Time Wage and Hour

Employment Law 101: Child And Spousal Support

Who, What, Why . . . Who does it apply to - All Texas employers are required to respond to garnishment requests. ...more

5/1/2014 - Child Support Wage Garnishment Wages

Employer Handbook: Age Discrimination

The Age Discrimination in Employment Act (“ADEA”) applies to virtually all employers with 20 or more employees in 20 or more calendar weeks in the current or preceding year. Be careful how you count, though. Businesses under...more

4/2/2014 - ADEA Age Discrimination Employee Handbooks

Employment Law 101: Bonuses

What counts as a bonus: There are a lot of ways to describe a bonus. For our purposes, a bonus includes any discretionary or non-discretionary payment or “compensation” to an employee outside of their regular hourly, salary,...more

3/28/2014 - Bonuses Corporate Bonuses Executive Compensation

Employment Law 101: I-9 Forms

What is an I-9 Form: Hopefully, you are all familiar with the I-9 Form. All employers are required to complete one for all new employees by the Department of Homeland Security and the U.S. Citizenship and Immigration Services...more

2/3/2014 - DHS I-9 USCIS Visas

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