Employers across the world are responding to the developing information on the coronavirus (referred to as COVID-19). While there are many considerations, and many fact-specific considerations based on the nature of the...more
On May 16, 2018, the Fifth Circuit Court of Appeals published an opinion unequivocally placing the burden of proof on interstate drivers of motor carriers seeking overtime under the small vehicle exception to the Motor...more
5/21/2018
/ Burden of Proof ,
Commercial Truck Drivers ,
Delivery Drivers ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Exemptions ,
Fair Labor Standards Act (FLSA) ,
Motor Carrier Act ,
Motor Carriers ,
Motor Vehicles ,
Navarro v Encino Motorcars ,
Over-Time ,
Technical Corrections Act ,
Trucking Industry ,
Wage and Hour
On April 6, 2018, the Texas Supreme Court issued a decision assessing what evidence is necessary to support an actionable same-sex sexual harassment claim. In an opinion totaling over 100 pages, the six-justice majority and...more
4/11/2018
/ Anti-Harassment Policies ,
Civil Rights Act ,
Discrimination ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Hostile Environment ,
Protected Activity ,
Retaliation ,
Sexual Harassment ,
Title VII ,
TX Supreme Court
Under a new rule issued by OSHA last week, employers will be required to report to the agency any workplace incident resulting in the in-patient hospitalization of even one employee. This report must be made within 24 hours...more
On July 21, 2014, President Barack Obama issued an Executive Order prohibiting federal contractors from discriminating in employment decisions based on applicants’ or employees’ sexual orientation or gender identity. This...more
On June 23, the California Supreme Court in Iskanian v. CLS Transportation, a case involving state wage and hour claims, recognized that the U.S. Supreme Court's 2011 Concepcion decision effectively invalidated the California...more
7/1/2014
/ Arbitration ,
Class Action ,
Class Action Arbitration Waivers ,
CLS Transportation ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
Iskanian ,
Mandatory Arbitration Clauses ,
Private Attorneys General Act (PAGA) ,
Trucking Industry ,
Wage and Hour
Following similar decisions involving Hearst Corporation and Viacom, a federal judge in the Southern District of New York recently granted conditional certification of a potential nation-wide class of approximately 3,000...more
5/21/2014
/ Class Action ,
Class Certification ,
Employee Rights ,
Employer Liability Issues ,
Employer Mandates ,
Fair Labor Standards Act (FLSA) ,
Hearst ,
Hiring & Firing ,
Internships ,
Minimum Wage ,
Misclassification ,
Unpaid Interns ,
Unpaid Overtime ,
Viacom ,
Wage and Hour ,
Warner Music Group