By Russell Cawyer on Posted in News & Commentary,Wage & HourThe DOL announced a wage and hour settlement with Halliburton where Halliburton agrees to pay over $18,000,000 to over 1,000 workers. This settlement emphasizes two important points for me. First, it exemplifies the difficulty even large, publically traded companies can have in determining whether an employee meets one of the white collar exemptions. The announced settlement covers employees in the job titles… Continue Reading
By Russell Cawyer on Posted in Human Resources,News & CommentaryToday, 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 game.… Continue Reading
By Russell Cawyer on Posted in News & Commentary,Wage & HourPresident Obama has announced that a soon to be released proposed rule from the U.S. Department of Labor will include an increase in the minimum salary necessary for an employee to qualify as an exempt employee. Under the proposal announced by @POTUS today, by 2016, employers will have to pay exempt employees a minimum or… Continue Reading
By Russell Cawyer on Posted in News & Commentary,Wage & HourOne of the many problems with the Fair Labor Standards Act (the federal law that requires most employee be paid at least a minimum wage and overtime) is that it provides little incentive for employers that discover honest wage and hour mistakes such as a misclassification or a failure to correctly calculate overtime to fix those mistakes. … Continue Reading
By Russell Cawyer on Posted in Human Resources,News & Commentary,UncategorizedI’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 9 tips to consider when… Continue Reading
By Russell Cawyer on Posted in Human Resources,News & CommentaryAs I wrote several months ago, light duty programs limiting participation to employees recovering from on-the-job injuries are being increasingly scrutinized by the EEOC (See post here) and that we have likely seen the end of those polices. The Washington Post reports today that UPS, despite having a case pending before the U.S. Supreme Court… Continue Reading
By Russell Cawyer on Posted in News & CommentaryIt’s a rare day in Texas where a single-plaintiff employment case results in a seven or eight figure jury verdict. However, as the Austin Business Journal recently reported,Microsoft was hit with an $11.6M jury verdict in a defamation case filed by a former employee falsely accused of sexually harassing a Microsoft contractor. Defamation cases can be… Continue Reading
By Russell Cawyer on Posted in Human Resources,News & CommentaryAs 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
By Russell Cawyer on Posted in Disability,News & CommentaryThe Americans with Disabilities Amendments Act greatly expanded the definition of what constitutes a disability. Consequently, it increased the number of employees who qualify for the protections of the Act (or as I often lament, we’re all disabled). A positive consequence of this broad definition of disability for defendant-employers is the increased likelihood that in any disability discrimination case, the… Continue Reading
By Russell Cawyer on Posted in Human Resources,News & CommentaryOur family has a fantasy football league and my 13 year old son Benjamin drafted Adrian Peterson in the pre-season draft. Earlier this week when the Minnesota Vikings activated Peterson to play this weekend, Benjamin was faced with a decision many employers have to make; whether to allow an employee who has been charged, but not… Continue Reading
By Russell Cawyer on Posted in Human Resources,News & CommentaryYesterday TMZ released shocking video of former Baltimore Ravens running back Ray Rice knocking his then-fiancée out in a casino elevator. Roger Goodell, the NFL Commissioner had, following the league’s investigation, given Rice a two-game suspension for the incident of domestic violence. Following the release of the in-elevator footage, Goodell suspended Rice indefinitely from the league. You… Continue Reading
By Russell Cawyer on Posted in Human Resources,News & Commentary,Wage & HourAccording to a recent article by DLA Piper, more employees are requesting to be paid in Bitcoin. Bitcoin is a virtual or digital currency usually used for online payments. Although Bitcoin has only been around for five or six years and I doubt it will ever be used for the widespread payment of wages, Texas… Continue Reading
By Russell Cawyer on Posted in Discrimination,News & CommentarySeveral weeks ago, I wrote that the Supreme Court’s decision to grant certiorari in Young v. UPS (the case about an employer’s reasonable accommodation obligation to pregnant employees under the PDA) might end up signaling the end of light duty policies that limited light duty availability to employees with worker’s compensation injuries or illnesses. (post here). Today, the EEOC issued new… Continue Reading
By Russell Cawyer on Posted in News & CommentaryAccording to Law360, Home Depot has been sued in a Georgia federal court in a putative class action alleging violations of the Fair Credit Reporting Act (FCRA) for improperly using consumer reports and background checks. Law360 reports (subscription required) that the suit alleges that the retailer uses consumer reporting information to make employment decisions on applicants and employees without… Continue Reading
By Russell Cawyer on Posted in News & Commentary,Reasonable AccommodationThe U.S. Supreme Court just concluded its 2013-14 term and is already creating a buzz over the cases it will hear when it convenes again this October. Today, the Court agreed to hear a case involving whether and to what extent pregnant employees are entitled to reasonable accommodations for conditions related to their pregnancy. The case… Continue Reading
By Russell Cawyer on Posted in Human Resources,News & CommentaryEmployers conduct variety of background checks on employees and applicants depending on the level of hire and the duties performed. Of the background checks that employers conduct, which category of employees should receive the most rigorous background checks –the CEO, Comptroller, Treasurer? All worthy choices. As the Edward Snowden NSA leak teaches, those who have broad access… Continue Reading
By Russell Cawyer on Posted in News & CommentaryGoogle is shutting down Google Reader on July 1, 2013. If you subscribe to this blog (and others) by way of Google Reader’s RSS feed, you need to take steps to preserve your subscriptions prior to next week. At a minimum, you must export your subscriptions to your computer before July 1, 2013, so they will be available… Continue Reading
By Russell Cawyer on Posted in News & Commentary,Social MediaTexas has a reputation for being business friendly. More often than not, the Texas Legislature refrains from passing legislation providing solutions for nonexistent problems. However, a recent bill, passed by the Texas House and submitted to the Texas Senate would prohibit Texas employers from requesting social media user names and passwords from applicants and employees, addresses a problem… Continue Reading
By Russell Cawyer on Posted in Legislation,News & CommentaryLast week the Texas Legislature opened its 83rd regular session. The Texas Legislature meets every other year and only for 140 days. Here are the labor and employment related bills that have been introduced that may eventually effect Texas employers. I will supplement this post with newly filed bills during the session. HB 372 (Deshotel) (Relating to… Continue Reading
By Russell Cawyer on Posted in Human Resources,News & CommentarySince the shooting this weekend in Newtown, Connecticut, I have received several questions regarding a Texas employer’s right to ban or prohibit firearms on company property. Without debating the wisdom of such a decision or the likelihood that the mentally ill who generally participate in mass shooting will abide by those restrictions, Texas law generally… Continue Reading
By Russell Cawyer on Posted in Human Resources,News & CommentaryLast month Washington and Colorado voters passed state laws authorizing the legalization of recreational marijuana use. Given that there are pockets of the United States where the medical or recreational use of marijuana is legal or tolerated under state law, some Texas employers have asked whether it has any effect on their drug testing or… Continue Reading
By Russell Cawyer on Posted in Human Resources,News & CommentaryNow that the election is over and most of the Affordable Care Act (aka Obamacare) is likely to take effect, some employer will want to revisit the new obligations and requirements of the Act. On November 30, 2012, our firm is presenting a complimentary webinar titled "Health Care Reform: What Lays Ahead with the Affordable Care Act?" My… Continue Reading
By Russell Cawyer on Posted in News & CommentaryMy colleague, Alison Rowe, is what I affectionately call a horse lawyer. Actually, Alison practices Equine Law (which broadly includes a diverse area of transactional and litigation issues involving farm, ranch, agricultural and real and personal property issues) and is recognized as a "go to" authority on this subject area in Texas. She also happens to publish the… Continue Reading
By Russell Cawyer on Posted in News & CommentaryYesterday, I had the privilege of speaking to the Texas Society of CPAs, Tarrant County Chapter, Nonprofit Study Group on current employment law issues affecting nonprofit organizations. Some of the topics we covered included the use of volunteers and unpaid interns by nonprofit organizations, proper classification of independent contractors and employees, and employment policies that are useful for nonprofits to adopt. If… Continue Reading
