Labor and Employment Law

Texas Trial Court Suspends the Revised White Collar Overtime Exemption Rules

On November 22, 2016, a federal district judge for the Eastern District of Texas issued a nation-wide injunction (see here)  suspending the implementation of new regulations increasing the minimum salary level required for the White Collar exemptions from overtime pay (see here). Although technically the…
Business Law Business Law Resources Labor and Employment Law

OSHA Raises Penalties, Adopts Electronic Recordkeeping, and Expands Anti-Retaliation Rules

OSHA Raises Maximum Penalties by 178% The Occupational Safety and Health Administration (“OSHA”) has taken several actions  in recent months that will significantly affect employers for years to come.  First, it revised its Field Operations Manual by raising penalties to adjust for inflation for violations of the…
Labor and Employment Law

Managing Marijuana in the Workplace

Four states (Washington, Oregon, Colorado, and Alaska) and the District of Columbia have legalized marijuana for recreational use. Twenty-one other states (Maine, New Hampshire, Vermont, Connecticut, Rhode Island, Massachusetts, New York, New Jersey, Pennsylvania, Delaware, Maryland, Michigan, Illinois, Louisiana, Hawaii, Minnesota, Montana, New Mexico, Arizona,…
Labor and Employment Law

Managing Employment-Related LGBTQ Concerns & The EEOC

2015 was certainly a big year for the lesbian, gay, bisexual, transgender, and queer (LGBTQ) community. Caitlyn Jenner dominated the media and brought attention to the transgender community. The U.S. Supreme Court issued its landmark decision on marriage equality, extending marriage rights to same-sex couples…
Business Law Resources Labor and Employment Law

EEOC Study of Workplace Harassment Urges Employers to Do More Prevention

Recently, the Equal Employment Opportunity Commission (“EEOC”) issued the results of a study of workplace harassment.  The agency convened a task force to conduct this study in January 2015.  The task force issued a report in June 2016. Task Force Report.  It concluded that since…
Business Law Labor and Employment Law

Employee Relations by Social Media Puts Employers in Peril

Employee Relations and Social Media Create a Toxic Mix Businesses use social media to build their brands.  Social media discussions, however, of employee relations issues frequently harm an employer’s brand. For example, recently a soon-to-be former Yelp employee blogged about her impoverished lifestyle because of the Bay…
Labor and Employment Law

Temporary Employees or Employment Service: Beware the Issues With or Without Insurance Coverage

For those companies and manufacturers, who use temporary employment services to provide employees to conduct their usual and customary business, a serious situation can arise where the company can be left without Workers’ Compensation Coverage. This can occur when the “temporary employment service” contract contains…