As a light dusting of snow falls on much of North and West Texas, I thought it was a good time to review the rules regarding deductions from exempt employee salaries for weather-related absences. Employees qualifying for the white collar exemptions (e.g., professional, administrative and executive exemptions) are generally entitled to receive their entire salary for any
EEOC Publishes Proposed Rule on Employer’s Defense of “Reasonable Factors Other than Age”
On February 18, 2010, the EEOC published a proposed rule defining the employer’s "reasonable factors other than age" (RFOA) defense to a claim of disparate impact age discrimination. A disparate impact theory of age discrimination argues that while the policy or practice challenged does not directly discriminate on the basis of age; it affects older workers in greater numbers.
Companies Using Independent Contractors Beware: State and Federal Taxing Authorities Becoming More Aggressive in Challenging Those Classifications
Companies using independent contractors to perform work normally performed by employees beware; state and federal governmental taxing authorities are challenging those classifications in an effort to increase tax revenue on wages that are not properly reported. According to a recent article by the Associated Press, "the Internal Revenue Service and 37 states are cracking down on
Last Rites for Neutral Absence Control and Maximum Duration of Leave Policies?
For more than 15 years Texas employers have used the application of uniformly enforced neutral absence control policies setting a maximum duration an employee can be away from work as a defense to workers’ compensation retaliation claims. The defense was first solidified by the Supreme Court of Texas in in its 1996 Continental Coffee Prod. v. Casarez case. See
Fifth Circuit Affirms Donning and Doffing Judgment for Employer
There has been a significant amount of litigation against employers over the compensability of work time for putting on and taking off safety-related clothing and equipment prior to the start of a shift but necessary for the work to be performed. For example, Pilgrim’s Pride Corporation recently agreed to pay $1 million in back wages to settle a
Going “Undercover” to Determine How Corporate Policies Play Out in the Workplace
Last night CBS launched its new series "Undercover Boss" following the Super Bowl. The premise of the semi-reality series is the president of a large company goes undercover as a rank-and-file employee to work for the company and get a bottom-to-top look at how the company operates. [Spoiler Alert –Don’t read further if you
Houston Court of Appeals Nixes Individual Supervisor Liability in Public Policy Wrongful Termination Claim
In Physio GP, Inc. v. Naifeh, the Fourteenth Court of Appeals in Houston held, in a case of first impression, that an individual cannot be held personally liable for a Sabine Pilot cause of action. A Sabine Pilot or public policy wrongful termination claim is a narrow exception to the general rule of at-will
Court Holds Notice of Termination, Not Termination Date, Commences Statute of Limitations on Breach of Contract Claim
The Fourteenth Court of Appeals in Houston recently held that it is the date the employee is provided notice of termination, and not the termination date itself, that commences the statute of limitations in a breach of contract case. You can read the Memorandum Opinion in Malallah v. Noble Logistic Services, Inc. here.