Lawrence Smith

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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Latest Posts › Fair Labor Standards Act (FLSA)

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Incomplete Payroll Records Lead to Employer FLSA Liability, Fifth Circuit Rules

Employers recognize that the Fair Labor Standards Act (FLSA) requires that they pay nonexempt employees overtime wages for all hours worked in excess of 40 hours in a workweek. Additionally, the FLSA imposes recordkeeping...more

3/15/2021 / Appeals , Corporate Counsel , Employer Liability Issues , Employment Litigation , Fair Labor Standards Act (FLSA) , Non-Exempt Employees , Payroll Records , Recordkeeping Requirements , Unpaid Overtime , Wage and Hour

Texas Court of Appeals Rules Austin’s Paid Sick Leave Ordinance Unconstitutional

On November 16, 2018, the Third Court of Appeals in Austin, Texas, entered a temporary injunction blocking the implementation of the paid sick leave ordinance that the Austin City Council passed in February 2018. The court of...more

12/3/2018 / Appeals , Employment Litigation , Fair Labor Standards Act (FLSA) , Local Ordinance , Paid Sick Leave Act , Preemption , Preliminary Injunctions , State Constitutions , Wage and Hour

Decisions Raise Bar on Waiver of Arbitration Agreements Under Texas Law

While employers may enter into arbitration agreements with employees relatively easily, ensuring the enforcement of arbitration agreements can be a different matter. For this reason, employers are rightfully cautious to avoid...more

4/20/2015 / Arbitration , Arbitration Agreements , Employer Liability Issues , Fair Labor Standards Act (FLSA) , Purchase Agreement , Waivers

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