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
Texas Employers Can Pay Employees in Bitcoin, But Why Would You?
According 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
Fifth Circuit Rejects Argument that Class Action Waivers in Arbitration Agreements Violate the NLRA
I first wrote about the NLRB’s decision that pre-dispute arbitration agreements waiving the right to assert claims as part of a class action violated federal labor law in January 2012 (post). Back then, I thought it was prudent for employers to wait for the result of the the inevitable appeal that would follow before
Fifth Circuit Confirms Use of Fluctuating Workweek Method of Overtime Calculation in Misclassification Case
In settlement negotiations and trial of FLSA overtime misclassification cases, there is usually a disagreement between the parties as to how the unpaid overtime should be calculated. Attorneys representing employees typically want overtime calculated using a 1.5 times the regular rate of pay for each overtime hour that was worked. Attorneys representing companies typically want to utilize
U.S Supreme Court Holds Employer’s Offer of Full-Relief to FLSA Plaintiff Moots Putative Collective Action
In what could become an important case for employers faced with FLSA wage and hour collective actions, the United States Supreme Court held that a named plaintiff who rejects an offer of judgment for full relief before any other party joins the action cannot continue to pursue the claims on behalf of the putative class
Fifth Circuit Holds Employer’s Mandatory Travel Program Does Not Constitute Compensable Travel Time
Yesterday the Fifth Circuit Court of Appeals affirmed, a judgment for an employer who was sued by its employees for travel time that the employer did not include as working time. Its a complicated set of facts and you can read Griffen v. S&B Engineers and Constructors, Ltd. here if you’re interested. While most employers don’t have travel time issues
A Broken Clock is Right Twice Per Day: Supreme Court of Texas Holds Lilly Ledbetter Fair Pay Act Does Not Apply to Claims under State Law
I wrote back in April 2010 that I thought the Houston Court of Appeals decision in Prarie View A&M v. Chatha applying the federal Lilly Ledbetter Fair Pay Act (“Ledbetter Act”) to claims arising under the Texas Commission on Human Rights Act (TCHRA) was wrongly decided. Last month the Supreme Court of Texas agreed
Finally, Private Litigants Can Settle Bona Fide FLSA Disputes Without DOL or Court Supervision!
Some of you may be surprised to learn that conventional wisdom was that claims arising under the Fair Labor Standards Act (the federal law requiring the payment of minimum wage and overtime to most employees) cannot be released or waived without court or Department of Labor supervision. I certainly thought that until several years ago when I had
Paying Texas Employees Using Debit Cards
Some employers have experimented using debit card payroll systems to decrease their payroll processing and administration costs. Frequently, Texas employers ask whether they can pay their Texas employees using debit cards. The answer is "yes" but only with the employee consent.
Texas law provides that employees must be paid in one of four forms:
- In U.S. currency;
Fifth Circuit Holds 24 Hour Fitness Arbitration Agreement Illusory and Unenforcable
24 Hour Fitness operates health clubs and fitness facilities across the country. As part of its operations, 24 Hour Fitness employs sales representatives. As a condition of employment, employees are required to enter into arbitration agreements to arbitrate their employment disputes with their employer. FLSA claims (i.e., overtime and minimum wage claims) are covered within the scope of the