It’s fun to watch old movies and see their predictions for the future. According to the classic 1985 film Back to the Future, the year 2015 would bring us flying cars, self-tying shoes, and—best of all—floating hover boards!...more
12/8/2023
/ Artificial Intelligence ,
Automation Systems ,
Bots ,
Employer Liability Issues ,
Innovative Technology ,
Machine Learning ,
Policies and Procedures ,
Privacy Laws ,
Regulatory Agenda ,
Regulatory Requirements ,
Risk Management
On January 1, 2023, a new regulation from the Department of Labor took effect that raised the minimum hourly wage applicable to certain federal contractors to $16.20. But this past Tuesday (September 26, 2023), a federal...more
You may soon be required to pay your salaried employees more. On August 30, 2023, the Department of Labor (DOL) issued a new proposed regulation that would raise the minimum salary required to invoke the commonly used...more
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
6/9/2022
/ Arbitration ,
Corporate Counsel ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
Fifth Amendment ,
Fourteenth Amendment ,
Interstate Commerce ,
Personal Jurisdiction ,
Pre-Employment Agreements ,
Southwest Airlines ,
State Law Claims
On January 12, 2021, the United States Court of Appeals for the Fifth Circuit issued a groundbreaking decision announcing that district courts should “rigorously enforce” a more stringent standard for the certification of...more
Non-compete agreements have a long, conflicted history under the law. In the first known case on the topic—John Dyer’s Case from 1414!—an English judge found that a non-compete agreement was an unenforceable restraint on...more
11/4/2019
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Enforcement Authority ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Proposed Legislation ,
Restrictive Covenants
...more
11/8/2018
/ Americans with Disabilities Act (ADA) ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Exceptions ,
Federal Contractors ,
First Amendment ,
Hiring & Firing ,
Reasonable Accommodation ,
Religious Accommodation ,
Religious Beliefs ,
Religious Discrimination ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
Title VII ,
Trump Administration ,
Undue Hardship
On November 22, 2016, District Judge Amos Mazzant, III issued a temporary injunction blocking enforcement of the Department of Labor’s new overtime rules that were set to go into effect December 1, 2016. That rule proposed to...more
11/28/2016
/ Barack Obama ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Lack of Authority ,
Minimum Salary ,
Over-Time ,
Preliminary Injunctions ,
Secretary of Labor ,
Standard Duties Test ,
Wage and Hour ,
White-Collar Exemptions
As the Supreme Court begins its new term, the trajectory of its recent class certification guidance will be a key issue for many. The spring and summer of 2016 delivered significant new contours in class certification...more
10/28/2016
/ Article III ,
Causation ,
Certiorari ,
Class Action ,
Class Certification ,
Commonality ,
Data Breach ,
Fair Credit Reporting Act (FCRA) ,
Fair Labor Standards Act (FLSA) ,
Fraud ,
FRCP 23 ,
Injury-in-Fact ,
Microsoft v Baker ,
Putative Class Actions ,
Reasonable Reliance Claims ,
RICO ,
Spokeo v Robins ,
Standing ,
Statistical Sampling ,
Torres v S.G.E. Management ,
Tyson Foods v Bouaphakeo ,
Wage and Hour
Under federal and state wage-and-hour laws, tipped employees present unique compliance challenges for employers, particularly those in the restaurant and other service industries. Recent cases illustrate the potential risk....more