Arbitration agreements containing class action waivers can be an effective way for employers to mitigate risk against defending large scale mass actions filed by employees. And in the Fifth Circuit, the federal Court of Appeals covering Texas, and three other federal circuits, individual arbitration agreement containing class-action waivers are enforceable.

In a recent Seventh Circuit

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

This week the EEOC published a resource document intended to provide guidance on providing disabled employees with leave of absence as a reasonable accommodation.

According to the Commission,

[It] continues to receive charges indicating that some employers may be unaware of Commission positions about leave and the ADA.  For example, some employers may not know

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:

Last week the EEOC announced that it had issued new practices for transmitting employer position statements to charging parties and their attorneys.  Historically, most Commission field offices did not provide copies of the actual position statements to the charging parties during the course of the investigation.  Rather, investigators typically retyped or summarized relevant positions of

The 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