Title VII of the 1964 Civil Rights Act and other anti-discrimination statutes require employers to avoid discrimination on the basis of race, gender, and other improper classifications. The United States Supreme Court has...more
Employers confronted with Fair Labor Standards Act (FLSA) claims as to their operations in Texas, Louisiana, or Mississippi should take note of a new decision by the United States District Court for the Northern District of...more
In addition to requiring employers to accommodate employees requesting covered family or medical leaves, the federal Family Medical Leave Act (FMLA) prohibits retaliating against an employee for exercising FMLA rights.
The...more
The questions and answers below highlight labor and employment topics as they relate to nonprofit organizations.
Classifying Your Staff -
What is the difference between a paid employee and an unpaid volunteer? Under...more
8/27/2020
/ Compensation & Benefits ,
Department of Labor (DOL) ,
Employee Benefits ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Health Insurance ,
Hiring & Firing ,
Independent Contractors ,
Internships ,
Job Duties ,
Minimum Wage ,
Misclassification ,
Non-Exempt Employees ,
Nonprofits ,
Over-Time ,
Paid Leave ,
Paid Sick Leave ,
Paid Time Off (PTO) ,
Primary Duty Test ,
Sick Leave ,
Unpaid Interns ,
Vacation Pay ,
Volunteers ,
Wage and Hour
The COVID-19 pandemic has triggered unprecedented challenges for companies striving to ensure a safe work environment. Scrutinizing the manner in which companies have addressed these challenges has so far been conducted...more
The Texas Supreme Court recently clarified that the Workers’ Compensation Act’s intentional-injury exception applies only to situations where the employer purposefully causes injury or when the employer believes “that its...more
Employers have had to confront many novel challenges with the COVID-19 outbreak, particularly having to cease or significantly reduce business activities. Now, they must confront the equally difficult challenge of reopening....more
Overtime Pay in the Oil Patch -
The boom for domestic energy producers, particularly in the Permian Basin, has been accompanied by the companion challenge of how to compensate transient oilfield service providers within...more
Claim by Directional Drillers for Overtime Pay. The boom for domestic energy producers, particularly in the Permian Basin, has been accompanied by the companion challenge of how to compensate transient oilfield professionals...more
3/9/2019
/ Appeals ,
Consultants ,
Economic Realities Test ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Oil & Gas ,
Penalties ,
Popular ,
Right to Control ,
Staffing Agencies ,
Statutory Penalties ,
Totality of Circumstances Test ,
Unpaid Overtime ,
Well Drilling ,
Written Agreements
This is the seventh and last of a seven-part series describing "Hot Employment Topics for 2014." Part VII focuses upon "Same-Sex Workplace Harassment."
The United States Court of Appeals for the Fifth Circuit recently...more
This is the sixth of a seven-part series describing "Hot Employment Topics for 2014." Part VI focuses upon "Use of Marijuana in the Workplace."
Recent publicity about the enactment of laws in several states legalizing...more