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
DOL Announces Details of Final Rule Changing Regulations on the Overtime Exemptions
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
Austin, Texas Passes Fair Chance Hiring Ordinance for Private Employers
The City of Austin, Texas has joined the long list of municipalities nationally that have adopted ordinances restricting employers ability to make inquiries into an applicant’s criminal background and to act on that information. Under Austin’s new Fair Chance Hiring Ordinance, an employer with fifteen or more employees in the City of Austin may not:
HR Directors Beware: You Too Can be Sued for FMLA Violations
A recent case from the Second Circuit Court of Appeals should remind HR Directors (and supervisors) to be particularly vigilant in handling employee FMLA leaves of absence. In Graziadio v. Culinary Institute of America, the appellate court reversed a trial court victory for the employer and the two individual supervisors (one of whom was
From the Archives: Spring Break Edition II
In today’s From the Archives: Spring Break Edition, we go back to a 2011 post to remind employers why it is a good idea for managers and supervisors to stick to a neutral reference policy when providing employment references on former employees. In Managers and Supervisors Should Follow Their Employer’s Neutral Reference Policies, I
NFL’s “Deflategate”: A Caveat for Employers
Today, I turn the keyboard over to my colleague Victor Jones for a special guest post. Victor practices in Kelly Hart’s New Orleans’s office. He has some thoughts on what employers might learn from the fallout over Tom Brady’s failure to preserve the cell phone he used during and immediately after last year’s AFC Championship
12 Signs You May Have a Wage and Hour Problem (and Should Call an Employment Lawyer Now)
There has been an explosion of wage and hour collective actions failed against Texas employers in the last five years. This has been particularly prevalent in the oil field services sector. If you are a Texas employer, and using any of 12 pay practices below, you should consult with an employment lawyer to ensure you
NLRA Application to Common Company Policies
The National Labor Relations Act protects employees’ right to form unions, collectively bargain and otherwise engage in collective activities for their mutual aid and protection. Collective activities for mutual aid and protection usually relate to wages, hours, working conditions and other terms and conditions of employment. These activities apply to union and nonunion employers. In
Texas Governor Signs Open Carry Law –Employers Have Time to Prepare
Beginning in 2016, licensed individuals can openly carry handguns on their person. Prior to the implantation of the law, Texas law required that license holders carry their handguns in a concealed manner. HB 910 authorizes individuals with a license to carry a handgun to openly carry their handguns in all locations that allow the licensed
Proper Planning Now Can Lead to Complaint-Free Company Holiday Party
I’m sitting here trying to come up with an idea for this year’s family holiday card. Last year’s theme was “Silent Night”. But while I think about what I need to be doing to prepare for the holidays, I’m reminded that many employers are also planning their company end-of-year parties. So, from the archieves are