John Phillips on Wage and Hour

Houston Raises the Minimum Wage for Houston-Area Airport Workers, Up to $15.00 Per Hour by October 2023

Seyfarth Synopsis: The City of Houston is raising the minimum wage for employers with covered contracts, subcontracts, and concession agreements at George Bush Intercontinental Airport, William P. Hobby Airport, and...more

2/23/2022 / Employer Liability Issues , Minimum Wage , Wage and Hour

Fifth Circuit Hands Employers a Big Win, Rules Day Rates Can Satisfy the Salary Basis Under the Highly Compensated Employee...

Seyfarth Synopsis: Employers were handed a big win recently when the U.S. Court of Appeals for the Fifth Circuit held that a day rate can satisfy the salary basis requirement for overtime exemptions under FLSA and also...more

9/13/2019 / Appeals , Employee Definition , Employer Liability Issues , Employment Litigation , Exempt-Employees , Fair Labor Standards Act (FLSA) , Highly Compensated Employees , Independent Contractors , Minimum Salary , Navarro v Encino Motorcars , Non-Exempt Employees , Over-Time , Rate of Pay , Wage and Hour , White-Collar Exemptions

If Pain, Yes Gain—Part 72: New Lawsuit Places Dallas Paid Sick Leave Ordinance on the Chopping Block

Seyfarth Synopsis: Just last week, San Antonio agreed to delay implementation of its paid sick leave ordinance until at least December 1, 2019. Now, as of this week, a lawsuit has been filed challenging the Dallas paid sick...more

8/2/2019 / Constitutional Challenges , Employee Rights , Employer Liability Issues , Local Ordinance , Paid Time Off (PTO) , Sick Leave , State and Local Government , Wage and Hour

The Saga Continues: San Antonio Delays Paid Sick Leave Ordinance Until December 1; Dallas Ordinance Remains Scheduled To Begin...

Seyfarth Synopsis: On Wednesday, July 24, 2019, approximately one week before San Antonio’s paid sick leave ordinance was scheduled to go into effect for most employers, a Texas state court stayed implementation of the...more

7/29/2019 / Employee Rights , Employer Liability Issues , Local Ordinance , Paid Time Off (PTO) , Popular , Sick Leave , State and Local Government , Wage and Hour

If Pain, Yes Gain—Part 71: San Antonio Delays Paid Sick Leave Ordinance Until December 1; Dallas Ordinance Remains Scheduled To...

Seyfarth Synopsis: On Wednesday, July 24, 2019, approximately one week before San Antonio’s paid sick leave ordinance was scheduled to go into effect for most employers, a Texas state court stayed implementation of the...more

7/24/2019 / Employee Rights , Employer Liability Issues , Legislative Agendas , Local Ordinance , Paid Time Off (PTO) , Regulatory Agenda , Sick Leave , State and Local Government , Wage and Hour

Paid Sick Leave in Texas Survives the Texas Legislature

Seyfarth Synopsis: Employers in Austin, Dallas, and San Antonio expected the Texas Legislature to overturn their cities’ recent foray into city-specific paid sick leave laws. However, the Texas Legislature recently...more

6/24/2019 / Employer Liability Issues , Legislative Agendas , Local Ordinance , Paid Time Off (PTO) , Regulatory Agenda , Sick Leave , State and Local Government , State Labor Laws , Wage and Hour

Fifth Circuit Says Plaintiffs May Not Send Notice of FLSA Suit to Employees with Arbitration Agreements

Seyfarth Synopsis: In a must-read decision and case of first impression at the federal appellate level, the Fifth Circuit Court of Appeals held late last week that a district court may not approve sending notice of an FLSA...more

2/25/2019 / Appeals , Arbitration , Arbitration Agreements , Class Action , Class Action Arbitration Waivers , Class Certification , Corporate Counsel , Employer Liability Issues , Employment Litigation , Fair Labor Standards Act (FLSA) , First Impression , JPMorgan Chase , Motion to Compel , Notice Requirements , Unpaid Overtime , Wage and Hour

Fifth Circuit Keeps the Horse Before the Cart: Arbitration to be Decided Before Conditional Certification

Seyfarth Synopsis: In an important decision for employers seeking to enforce arbitration agreements and limit wage and hour exposure and related defense costs, the U.S. Court of Appeals for the Fifth Circuit reaffirmed that...more

5/7/2018 / Arbitration , Arbitration Agreements , Class Action , Delegation Clauses , Employer Liability Issues , Employment Litigation , Fair Labor Standards Act (FLSA) , Independent Contractors , Jurisdiction , Misclassification , Motion to Compel , Motion To Stay , Wage and Hour

Passage of the Save Local Businesses Act in the House May Signal a Broader Rejection of Obama-Era Rules On Joint Employment

Seyfarth Synopsis: On November 7, 2017, the U.S. House of Representatives passed the Save Local Businesses Act. If passed by the Senate, the bill would overturn Obama-era decisions and agency guidance broadly defining and...more

11/14/2017 / Browning-Ferris Industries of California Inc. , Collective Bargaining , Hiring & Firing , Joint Employers , Legislative Agendas , NLRA , NLRB , Popular , Proposed Legislation , Staffing Agencies , Unions , Wage and Hour

Fifth Circuit Says Regular Attendance at Work is an Essential Function of Most Jobs

Seyfarth Synopsis: In a recent win for employers, the Fifth Circuit clarified that opened-ended or unlimited requests to work from home are unreasonable under the Americans with Disabilities Act (“ADA”) and may be rejected...more

7/11/2017 / Americans with Disabilities Act (ADA) , Corporate Counsel , Department of Justice (DOJ) , Disability , Disability Discrimination , Employer Liability Issues , Equal Employment Opportunity Commission (EEOC) , Essential Functions , Failure to Accommodate , Family and Medical Leave Act (FMLA) , Harassment , Job Descriptions , Reasonable Accommodation , Retaliation , Telecommuting , Wage and Hour

John Phillips

Seyfarth Shaw LLP

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