Texas Employment Law Update

Texas Employment Law Update

A Resource for Texas Employers

Tag Archives: dol

BREAKING NEWS: Federal Judge Blocks DOL Final Rule on White Collar Exemptions

Posted in Uncategorized
Today, a Texas federal judge issued a nationwide preliminary injunction blocking the implementation of the U.S. Department of Labor’s final rule imposing an increased salary level to qualify for the administrative, professional, executive and highly-compensated exemptions to overtime.  Short of an order staying the district judge’s injunction, the DOL’s rule will be on hold, nationwide, indefinitely. A copy… Continue Reading

DOL Publishes Final Rule Requiring Federal Contractors to Provide Paid Sick Leave

Posted in Employee Benefits, News & Commentary
This week the DOL published its final rule requiring federal contractors to provide paid sick leave to employees working on or in connection with federal contracts.  The sick leave required by the final rule would allow an employee to use accrued paid sick leave for their own illness, the need to care for a sick… Continue Reading

Use the New Overtime Rules to Correct Misclassified Workers

Posted in Human Resources, Wage & Hour
This week the DOL announced changes to the white collar overtime exemptions that take effect December 1, 2016. Every employment lawyer with a newsletter, blog or soapbox has written some summary of the new regulations. And while the regulations only effect the executive, administrative, professional and high compensated exemptions, Daniel Schwartz, a Connecticut employment lawyer… Continue Reading

DOL Announces Details of Final Rule Changing Regulations on the Overtime Exemptions

Posted in Human Resources, News & Commentary, Wage & Hour
Last night the U.S. Department of Labor announced details of its long-awaited Final Rule on changes to the regulations interpreting the overtime exemptions to the Fair Labor Standards Act (FLSA).  The FLSA is the federal law requiring most employers to pay minimum wages and overtime to nonexempt employees.  The Final Rule raises the minimum salary an exempt… Continue Reading

DOL Publishes The Employer’s Guide to the FMLA: And its Pretty Good!

Posted in Leave of Absence
Last week the U.S. Department of Labor Wage and Hour Division published The Employer’s Guide to the FMLA. The Department intended the Guide to be an informational resource to “provide essential information about the FMLA” and increase employer’s knowledge of the law, obligations and options available to employers administering FMLA leave. The Guide is broken out by section… Continue Reading

Paying Nonexempt Employees at Different Rates for Different Work

Posted in News & Commentary, Wage & Hour
With the slowdown in the oil patch, many service providers are looking for ways to better match employee compensation with reduced amount of work and revenue available without having to reduce headcount.  One way to accomplish this objective is to pay different rates for different work.  For example, a company may elect to pay a nonexempt employee a… Continue Reading

DOL Issues Administrator Interpretation on Misclassification of Independent Contrators

Posted in Wage & Hour
I’ve written several times on the topic of employee v. independent contractor misclassification (here, here, here, here, here, here).  Yesterday, the DOL issued an Administrator’s Interpretation attempting to provide additional guidance, and the Department’s opinion, on the application of the standards for determining whether a worker is an employee or an independent contractor.  The Interpretation implies… Continue Reading

Ebola Discovered in Texas: What Employers Need to Know

Posted in Human Resources, News & Commentary
As every national news program has announced, the Ebola virus has been diagnosed in a North Texas patient. This is the first diagnosed case of Ebola in the United States.  According to reports, the Liberian national traveled from Liberia through Brussels, Washington D.C., to Dallas, Texas where he was eventually diagnosed with the virus.  Given that… Continue Reading

DOL Proposes Rule to Extend FMLA Benefits to Same-Sex Spouses in Texas

Posted in Leave of Absence, Legislation
Last week the U.S. Department of Labor published a proposed rule to extend FMLA benefits to same-sex spouses on the same terms as spouses of other legally recognized marriages.   This will confirm, if passed, that FMLA benefits must be provided to all eligible employees to: care for their legally married spouses who have a serious health… Continue Reading

DOL Publishes Smart Phone Time Keeping App

Posted in Human Resources, Wage & Hour
Today the U.S. Department of Labor announced publication of a time keeping App for smart phones –the DOL -Timesheet.  Employees can download the free App through iTunes and can be used with the iPad, iPhone and iTouch.  The App is an electronic timesheet that allows employees to record their hours worked and calculate the amount of wages (including overtime) the… Continue Reading

DOL Announces Intent to Hire 250 Additional Wage & Hour Investigators

Posted in Wage & Hour
Following a GAO report that concluded that the Department of Labor inadequately investigated complaints from low-wage and minimum wage workers who claimed that their employers failed to pay the federal minimum wage, required overtime, and failed to pay employees their last paycheck the DOL has reacted.  This week, Secretary of Labor Hilda Solis  announced that the DOL… Continue Reading