On June 23, 2026, the Fifth Circuit issued its decision in Brenyah v. Columbia Hospital Corporation of Bay Area, affirming summary judgment for the employer on the plaintiff’s race and national origin discrimination, retaliation, ADA disability discrimination, ADA failure-to-accommodate, ADA interference, and Section 1981 -but reversing and remanding her Title VII and Section 1981
U.S. Supreme Court holds Local Delivery Drivers Exempt from Federal Arbitration Act and Can Litigate in Court
On May 28, 2026, the United States Supreme Court issued a unanimous decision in Flowers Foods, Inc. v. Brock, No. 24-935, holding that a local delivery driver who picks up and delivers goods entirely within one state can qualify for the Federal Arbitration Act’s transportation-worker exemption if his intrastate route forms part of a
Fifth Circuit Holds Hybrid Salary-Plus-Day-Rate Pay Scheme Qualifies as “Salary Basis” and Exempts Oilfield Workers from FLSA Overtime
On June 12, 2026, the Fifth Circuit issued its decision in Guilbeau v. Schlumberger Technology Corporation, No. 25-50594, holding that a hybrid compensation scheme combining a fixed biweekly salary with variable day rates qualified as “salary basis” pay under the FLSA, exempting the named plaintiff from overtime as a highly compensated employee (HCE).
Background
Fifth Circuit Affirms Dismissal of ADA Claims Where Full-Time Telework Would Eliminate Essential In-Person Job Function
Since the COVID-19 pandemic and the necessity that many jobs be performed, at least temporarily, from home, employers and employees have litigated numerous disputes over when work-from-home eliminates an essential function of a position (i.e., onsite attendance) or is a reasonable accommodation. On May 8, 2026, the United States Court of Appeals for the Fifth
Fifth Circuit Upholds Texas Trade Secret Liability but Vacates $75 Million Damages Award Due to Lack of Apportionment
Earlier this year, the United States Court of Appeals for the Fifth Circuit issued a significant decision in Trinseo Europe GmbH v. Kellogg Brown & Root, L.L.C., No. 24-20460, providing important guidance on damages calculation in trade secret misappropriation cases. The case demonstrates the importance of apportioning damages among the various trade secrets that
Fifth Circuit Clarifies Highly Compensated Employee Exemption Under FLSA for Oilfield Quality Control and Advisory Roles
On July 14, 2025, the U.S. Court of Appeals for the Fifth Circuit issued a significant decision addressing the application of the Fair Labor Standards Act (FLSA) overtime exemption for highly compensated employees (HCEs) in the oilfield services sector. In Gilchrist v. Schlumberger Technology Company, the court reversed a district court ruling and held
U.S. Supreme Court Confirms that “Reverse Discrimination” is Just Plain Discrimination: No Heightened Evidentiary Showing Required for Members of Majority Groups
On June 5, 2025, the U.S. Supreme Court issued a unanimous decision clarifying the evidentiary standard for Title VII disparate treatment claims. The Court held that plaintiffs who are members of a majority group—such as heterosexuals, men, or whites—are not required to meet a heightened evidentiary burden to establish a prima facie case of discrimination.
Texas Commission on Human Rights Act Does Not Shield Employees from Common Law Tort Claims Made by their Co-workers
The case arose from a dispute involving an SMU professor who alleged she was denied tenure due to discrimination and retaliation. In addition to statutory discrimination and retaliation claims against the University, she brought common law claims for defamation and fraud against individual co-workers, based on statements and actions taken during the tenure review process.
U.S. Supreme Court Clarifies Burden of Proof for Employer to Prove Exempt Status
Today, the U.S. Supreme Court unanimously held that “the preponderance-of-the-evidence standard applies when an employer seeks to prove that an employee is exempt from the minimum-wage and overtime-pay provisions of the Fair Labor Standards Act (FLSA).” The Court reversed the Fourth Circuit, which had affirmed the District Court’s use of the “clear-and-convincing-evidence standard” in favor
U.S. Supreme Court Clarifies When Job Transfers May Violate Title VII of the Civil Rights Act
Today, the U.S. Supreme Court held that a Title VII plaintiff challenging a job transfer that was allegedly ordered because of her sex but did not result in a decrease in pay or benefits may still state a claim for relief if she can show the transfer brought about some harm with respect to an