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Articles by Paul Knettel
5th Circuit Upholds Six-Month Contractual Limitations Period for Section 1981 Discrimination and Retaliation Claims | JD Supra
On February 1, the 5th Circuit slashed a $366,160,000 jury verdict against FedEx for employment retaliation claims under 42 U.S.C. § 1981 (Section 1981) and Title VII of the Civil Rights Act of 1964 (Title VII). Instead, in Harris v.
5th Circuit Upholds Six-Month Contractual Limitations Period for Section 1981 Discrimination and Retaliation Claims
On February 1, the 5th Circuit slashed a $366,160,000 jury verdict against FedEx for employment retaliation claims under 42 U.S.C. § 1981 (Section 1981) and Title VII of the Civil Rights Act of 1964 (Title VII). Instead, in Harris v.
Texas Court Affirms Employers’ Freedom to Require COVID-19 Vaccine for Employees | JD Supra
COVID-19 has presented no shortage of legal questions for employers, from shutdowns and layoffs to when and how to reopen. And with COVID-19 vaccines now broadly available in the United States, some companies (especially those in high-risk environments like hospitals and nursing homes) face a new question: whether they can require COVID-19 vaccination as a condition of employment.
Texas Court Affirms Employers’ Freedom to Require COVID-19 Vaccine for Employees
COVID-19 has presented no shortage of legal questions for employers, from shutdowns and layoffs to when and how to reopen. And with COVID-19 vaccines now broadly available in the United States, some companies (especially those in high-risk environments like hospitals and nursing homes) face a new question: whether they can require COVID-19 vaccination as a condition of employment.
New Decade, Same Rules: Noncompetes in Texas 10 Years After Marsh USA Inc. v. Cook | JD Supra
Under Texas law, to establish an enforceable covenant not to compete, the first question is often whether the covenant is supported by adequate consideration. Unlike many states, in Texas, an employer cannot pay for a restrictive covenant (which includes both noncompetes and customer non-solicitation restrictions). In other words, in Texas, a raise, bonus or severance payment is typically not sufficient consideration to support a restrictive covenant.
Fifth Circuit Examines The Job Duties Required For The Highly-compensated Employee Exemption From Overtime Pay Under The FLSA
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Fifth Circuit examines the job duties required for the highly-compensated employee exemption from overtime pay under the FLSA
The Fair Labor Standards Act (FLSA) exempts certain highly-compensated employees (HCEs) from the requirement that they receive overtime pay for hours worked over 40 in a workweek. To be considered highly compensated, the employee must receive both (1) at least $684 per week paid on a salary or fee basis; and (2) at least $107,432 in total annual compensation.
Fifth Circuit Clarifies When Improper Pay Deductions Make An Employee Ineligible For Exemptions From Overtime Under The FLSA
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
Fifth Circuit clarifies when improper pay deductions make an employee ineligible for exemptions from overtime under the FLSA
The Fair Labor Standards Act (FLSA) exempts employees with certain executive, administrative, or professional job duties from the requirement that they receive overtime pay for hours worked over 40 in a workweek. Determining whether one or more of these “white collar” exemptions apply to a particular employee requires a fact-intensive analysis of the employee’s job duties.
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