The Fair Labor Standards Act (FLSA) requires that employers pay certain employees one-and-a-half times their regular rate of pay for any hours they work over 40 in a workweek. There are, however, several exemptions from the...more
7/10/2024
/ Commercial Truck Drivers ,
Delivery Drivers ,
Department of Transportation (DOT) ,
Employer Liability Issues ,
Exclusive Jurisdiction ,
Exemptions ,
Fair Labor Standards Act (FLSA) ,
Interstate Commerce ,
Motor Carrier Act ,
Motor Carriers ,
Over-Time ,
Transportation Industry ,
Trucking Industry ,
Wage and Hour
On February 1, the 5th Circuit slashed a $366,160,000 jury verdict against FedEx for employment retaliation claims under 42 U.S.C. § 1981 (Section 1981) and Title VII of the Civil Rights Act of 1964 (Title VII)....more
Monday evening, Texas Governor Greg Abbott made headlines by issuing an executive order broadening the scope of individuals who can opt-out of any employer vaccine mandate, making it only the second state to take action...more
In a 12-6 split decision, the en banc 5th Circuit Thursday evening released its ruling in Hewitt v. Helix Energy Solutions Group, Inc., Case No. 19-20023, addressing the issue of when an employee paid a daily rate can qualify...more
COVID-19 has presented no shortage of legal questions for employers, from shutdowns and layoffs to when and how to reopen. And with COVID-19 vaccines now broadly available in the United States, some companies (especially...more
On June 7, 2021, Texas Gov. Greg Abbott continued to emphasize that Texas is open for business by signing into law S.B. 968, which prohibits Texas businesses from requiring customers to provide documentation of COVID-19...more
While the focus of the Department of Labor ebbs and flows based on the administration, the DOL remains committed to enforcing the Fair Labor Standards Act. Now that we know that Secretary of Labor Marty Walsh is in place, we...more
4/26/2021
/ Continuing Legal Education ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Litigation ,
Energy Sector ,
Enforcement Actions ,
Fair Labor Standards Act (FLSA) ,
Human Resources Professionals ,
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Work Schedules
Under Texas law, to establish an enforceable covenant not to compete, the first question is often whether the covenant is supported by adequate consideration. Unlike many states, in Texas, an employer cannot pay for a...more
On Jan. 12, 2021, the Fifth Circuit Court of Appeals significantly altered the process for certification of collective actions in wage and hour cases under the Fair Labor Standards Act (“FLSA”). In Swales v. KLLM Transport...more