Michael Kelsheimer

Michael Kelsheimer

Gray Reed & McGraw, P.C.

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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

Preserve Your Right To A Payroll Tax Refund

A disagreement between two federal appeals courts regarding whether payroll taxes must be paid on severance payments made to laid-off workers has landed the issue in front of the U.S. Supreme Court. Oral arguments began...more

1/28/2014 - IRS Payroll Taxes Quality Stores SCOTUS Severance Pay

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

Employment Law 101: Employee Terminations

Who, What, Why... Who does it apply to: Any employer faced with letting an employee go. In this edition, I am taking a break from my regular format to pass on advice about handling terminations. ...more

11/6/2013 - Compliance Termination

DOMA Stricken Down: What Does This Mean For Texas Employers?

On June 26, 2013, the United States Supreme Court issued a decision in the case of Windsor v. United States holding the Federal Defense of Marriage Act (“DOMA”) unconstitutional. This decision will have implications for...more

9/16/2013 - DOMA Employee Benefits ERISA IRS Marriage Same-Sex Marriage SCOTUS US v Windsor

Look Out Business Owners: 2013 EEOC – “Strategic Enforcement Plan”

On December 17, 2012, the EEOC handed down its Strategic Enforcement Plan for FY 2013 – 2016. The following areas were identified as focus points for enforcement...more

9/9/2013 - EEOC Equal Pay Harassment Hiring & Firing Immigrants Strategic Enforcement Plan

Equal Pay Act

Who, What, Why . . . Who does it apply to: Virtually all employers with employees of the opposite sex are subject to the Equal Pay Act (EPA). What is the rule: Employers cannot pay one sex higher wages than the other for...more

9/2/2013 - Compensation & Benefits Discrimination Equal Pay Equal Pay Act Gender-Based Pay Discrimination Wages

EEOC Hit With Sanctions For Frivolous Claims

Last week the Associated Press reported that the EEOC was sanctioned by a US District Court judge for $4.7million dollars. ...more

8/13/2013 - EEOC Frivolous Lawsuits Sanctions Trucking Industry

Federal Agencies Go After “Misclassified” Landmen

Are your landmen independent contractors? Are they employees? What do they look like to the government?...more

8/7/2013 - Employee Benefits Full-Time Employees Independent Contractors Investigations IRS Misclassification

Workplace Investigations

Who, What, Why . . . Who does it apply to: All employers – who have ever wondered whether an investigation of some sort should be made regarding an issue involving employees....more

7/31/2013 - Compliance EEOC Employer Liability Issues Investigations

What Can Be Done About A Workplace Bully?

With bullying in the news of late, I was recently asked how employers should deal with a star employee that bullies or berates co-workers....more

7/30/2013 - Corporate Management Workplace Bullying

Tips

Who, What, Why . . . Who does it apply to: Employers who take the “tip credit” against wages of some or all of their employees....more

7/30/2013 - DOL Minimum Wage Restaurant Industry Tip Credit Tip-Pooling Tips Wages

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

Equal Pay Act 50th Anniversary

Fifty years ago yesterday John F. Kennedy signed the Equal Pay Act into law....more

7/29/2013 - Discrimination Equal Pay Act Gender-Based Pay Discrimination Paycheck Fairness Act

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

Governor Signs New Trade Secrets Law

On May 2, 2013, Governor Perry signed the Texas Uniform Trade Secrets Act into law. So, let’s cut right to it. ...more

5/20/2013 - Trade Secrets Uniform Trade Secrets Acts

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