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Articles by Peter Stuhldreher
5th Circuit: Motor Carrier Act Applies to Intrastate Transport of Goods in the Flow of Interstate Commerce | JD Supra
Key Takeaways: The Motor Carrier Act (MCA) exempts drivers of large vehicles and their helpers as well as loaders and mechanics from federal overtime compensation requirements if such employees fall under the mutually exclusive jurisdiction of the U.S. Department of Transportation.
5th Circuit: Motor Carrier Act Applies to Intrastate Transport of Goods in the Flow of Interstate Commerce
Key Takeaways: The Motor Carrier Act (MCA) exempts drivers of large vehicles and their helpers as well as loaders and mechanics from federal overtime compensation requirements if such employees fall under the mutually exclusive jurisdiction of the U.S. Department of Transportation.
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.
Texas Passes Bill Prohibiting Businesses From Requiring Vaccine Passports for Customers, But Not Employees | JD Supra
On June 7, 2021, Texas Gov. Greg Abbott continued to emphasize that Texas is open for business by signing into law S.B. 968, which prohibits Texas businesses from requiring customers to provide documentation of COVID-19 vaccination — including through the use of “vaccine passports” — to gain access to or receive service from the business.
Texas Passes Bill Prohibiting Businesses From Requiring Vaccine Passports for Customers, But Not Employees
On June 7, 2021, Texas Gov. Greg Abbott continued to emphasize that Texas is open for business by signing into law S.B. 968, which prohibits Texas businesses from requiring customers to provide documentation of COVID-19 vaccination — including through the use of “vaccine passports” — to gain access to or receive service from the business.
[Webinar] Wage and Hour in the Energy Industry – New Administration, New Rules - May 4th, 11:30 am - 12:30 pm CT | JD Supra
May 4th, 2021 11:30 AM - 12:30 PM CT While the focus of the Department of Labor ebbs and flows based on the administration, the DOL remains committed to enforcing the Fair Labor Standards Act. Now that we know that Secretary of Labor Marty Walsh is in place, we can only expect the DOL to continue to intensify its scrutiny of employers in many industries – including the energy industry. And even where the DOL cedes the field, various state agencies will step in to fill the void.
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.
The Fifth Circuit Rejects Two-Stage Conditional Certification Procedure for FLSA Collective Actions in Favor of a One-Step Rigorous Scrutiny Approach. | BakerHostetler - JDSupra
On Jan. 12, 2021, the Fifth Circuit Court of Appeals significantly altered the process for certification of collective actions in wage and hour cases under the Fair Labor Standards Act (“FLSA”). In Swales v.
Wage And Hour Considerations In The Post-COVID-19 Era
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Texas Partially Reopens Businesses Effective May 1st
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Fifth Circuit Examines The Job Duties Required For The Highly-compensated Employee Exemption From Overtime Pay Under The FLSA
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Wage and hour considerations in the post-COVID-19 era
As businesses reopen and employees begin returning to work, employers will have to navigate complex wage and hour issues they may have never considered before. Employers will need to adapt to a “new normal” of major workplace changes, including increased teleworking, social distancing, and new health and safety measures.
Texas partially reopens businesses effective May 1st
In the first phase of an effort to restart parts of Texas’ economy, on April 27, Texas Governor Greg Abbott issued an executive order allowing certain businesses – retail establishments, restaurants, movie theaters, shopping malls, museums, libraries, golf courses, and services provided by an individual working alone in an office – to reopen on May 1, 2020, with most subject to certain restrictions regarding occupancy.
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.
Texas update: Governor Abbott issues statewide executive orders while counties amend stay-at-home orders
Recently, additional action has been taken at both the state and county levels in Texas to prevent the spread of COVID-19. At the state level, Governor Greg Abbott has issued three executive orders mandating both roadway and air travelers originating at certain locations to self-quarantine for a period of 14 days upon their arrival in Texas.
Counting employees under FFCRA and the CARES Act is not necessarily as easy as 1-2-3
The Families First Coronavirus Response Act (FFCRA) and the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), both enacted last week, provide significant new federal benefits to small businesses and their employees. Critically, both statutes target smaller employers. To that end, they each contain provisions that are only applicable to employers with fewer than 500 employees. However, each statute counts employees differently.
Texas metro areas issue shelter-in-place orders to slow the spread of COVID-19
Texas is taking a localized approach in trying to slow the spread of COVID-19. Since Monday, March 23, 2020, county and city governments from some of Texas’s largest metropolitan areas have issued “stay home-work safe” orders. This includes Dallas County, Harris County (where Houston is located), and Travis County (where Austin is located). Each of the three orders affecting Dallas, Houston, and Austin allow “Essential Businesses” to remain open.
Fifth Circuit Clarifies When Improper Pay Deductions Make An Employee Ineligible For Exemptions From Overtime Under The FLSA
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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.
To Pay or Not to Pay: DOL Abandons Six-Part Intern Test in Favor of Primary Beneficiary Test
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