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

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: 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: Holiday Parties

Who, What, Why . . . Who does it apply to: This one is pretty straight forward. It applies to all employers contemplating any type of holiday gathering for its staff. What are the legal issues: Holiday parties...more

12/13/2013 - Discrimination Drunk Driving Employer Liability Issues FLSA Holiday Parties Holidays Religious Discrimination Sex Discrimination Sexual Harassment Wine & Alcohol

Can An Owner Be Personally Liable For Wages?

You’ve set up a your business as an LLC or a Corporation and followed all of the legal requirements to keep the business up under Texas law. ...more

7/30/2013 - FLSA Small Business Wage and Hour Wages

GUEST POST: Start-Ups And The Unpaid Internship – The Legal Balancing Act

As the summer arrives in full force, I am watching a lot of my start-up friends take advantage of the unpaid internship to help with some needed coding, design or marketing projects they haven’t gotten to. ...more

6/10/2013 - DOL FLSA Minimum Wage Startups Unpaid Interns Volunteers Wages

Recordkeeping Part I

Who does it apply to: In this edition, it varies according to the requirements of the particular law identified below. I am taking a short two-part break from my regular format to bring you the record keeping requirements...more

2/25/2013 - ADA Age Discrimination Books & Records Discrimination Employee Benefits Employment Application Equal Pay Act FLSA FMLA GINA Hiring & Firing Job Applicants Payroll Records Recordkeeping Requirements Title VII

Unpaid Interns, Volunteers, And Trainees

Who, What, Why . . . Who does it apply to: Every employer who has or intends to hire unpaid interns. When must an intern be paid: All “employees” of a business must be paid at least minimum wage unless they are a...more

12/31/2012 - DOL EEOC FLSA Hiring & Firing Internships Recruitment Policies Training Unpaid Interns Volunteers

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