The Fair Labor Standards Act establishes the national minimum wage and governs payment for overtime work, recordkeeping requirements, and standards for youth employment. These standards apply to Federal, State, and local government work and the private sector. Generally, the U.S. Department of Labor is responsible for and has authority over the governance of these standards....
Employees have a reasonable right to privacy and safety in the workplace, and employers have a responsibility to protect these rights. However, as OSHA integrates AI tools into its inspection processes, concerns about privacy and transparency abound. To navigate the potential legal ramifications this could cause your business, it is essential to hire a Texas...
Federal labor laws require most US employers to pay employees time and a half for every hour they work over 40 hours in a week. However, there are some exceptions to the general rule, and one is for employees who are subject to the Motor Carrier Act (MCA). The MCA applies to commercial transport that...
Noncompete agreements have come under fire recently as the Federal Trade Commission (FTC) sought to ban the use of noncompete agreements in many instances. As the FTC’s actions faced a lawsuit and legal battle, a Texas judge blocked the ruling by issuing a nationwide injunction. However, employers must still remain aware of the ongoing status...
In a recent ruling that has garnered significant attention, the Fifth Circuit Court of Appeals upheld a six-month contractual limitations period for discrimination retaliation claims. This decision has far-reaching implications for employers and employees, reshaping the landscape of employment law in Texas and beyond. The Labor & Employment Group at Fee, Smith & Sharp LLP...
The Equal Employment Opportunity Commission (EEOC) is working to finalize its first comprehensive guidance in over two decades to help employers recognize and prevent prohibited harassment in the workplace. The guidance is not legally binding but attempts to clarify the EEOC’s position as to the kinds of conduct that will be considered discriminatory. A consistently...
According to its mission statement, the Occupational Safety and Health Administration (OSHA) exists to “ensure safe and healthful working conditions for workers by setting and enforcing standards and by providing training, outreach, education, and assistance.” To that end, OSHA consistently updates regulations and employer requirements. A recent update addresses high-hazard industries and how and when...
Being under the authority of the Fifth Circuit, Texas employers have been given a bit of a pass when it comes to Title VII compliance. However, in 2023, the Fifth Circuit Court of Appeals broadened its interpretation of what constitutes an adverse employment action under Title VII of the Civil Rights Act of 1964. This...
The written agreement is the most common tool for employers to outline rights, responsibilities and protect their reputation from harm from disgruntled employees. In particular, severance agreements have been the cornerstone of protecting the employer’s rights and preventing the unnecessary cost of future lawsuits involving their staff. However, recently, the National Labor Relations Board (“NLRB”)...
The new “final rule” establishes new guidelines that employers must adhere to if they want to be compliant with federal law. It is important to ascertain the meaning of joint-employer status when considering the meaning of the new rule for employers. The relationship between employer and employee is important to the economy, and it is...
