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
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From the Archives: Spring Break Edition
While many of the kids (and a few employment law attorneys) are on Spring Break, I thought I would dust off a few posts from the archives. Back in 2009 I wrote about the rules that apply to the payment of accrued but unused vacation time on termination of employment in Texas. If you are…
Paying Nonexempt Employees at Different Rates for Different Work
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…
Houston Court of Appeals Holds that Allegation of Constructive Discharge Must be Included in the Charge of Discrimination
In an opinion likely to prove useful to employers defending a termination based on a constructive discharge theory, a Houston Court of Appeals held that a resigning employee whose charge of discrimination lacks an allegation of constructive discharge, fails to exhaust his administrative remedies on that theory. In court of appeals opinion, Parker was an…
If Your Company Circulates This Memo, You Might Have and HR Problem
According to a recent Vanity Fair article, Zenefits, the company providing cloud-based HR administration systems, circulated a memo to its workforce advising employees that it was against company policy to have sex in the stairwells at work. The memo “warned staff that smoking, drinking, and having sex was inappropriate office behavior after security…
Fifth Circuit Holds Mandatory Travel Time May Render Meal Periods Compensable under FLSA
The wave of wage and hour collective actions being filed and litigated in the district courts in the Fifth Circuit are making their way to the court of appeals. Last week the U.S. Court of Appeals for the Fifth Circuit issued an opinion in an FLSA case over the compensability of meal periods provided by…
Court of Appeals Holds that Notes of Counsel’s Communications with EPL Carrier are Privileged
In an important case for any employer that has Employment Practices Liability (EPL) coverage (and lawyers that represent clients with EPL insurance), the Dallas Court of Appeals recently held that the communications between an employer’s in-house counsel and its EPL insurance adjuster were privileged communications and exempted from discovery. In In re Texas Health Resources…
Texas Legislature Passes Stolen Valor Act
During the 84th Legislative Session, the Texas Legislature passed an employment provision that allows employers to end the employment of employees that have misrepresented their military record. While most Texas employees are at-will, this law will likely have little impact, however, it does provide the voiding of written contracts with employees where the employee has…
DOL Issues Administrator Interpretation on Misclassification of Independent Contrators
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…
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…