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Case-by-Case Analysis for the Creative Professional Exemption Applies to All Journalists, Regardless of Employer Size

On January 19, 2021, the U.S. Department of Labor (DOL) released an opinion letter analyzing the application of the Fair Labor Standards Act (FLSA) creative professional exemption to journalists....more

If You Want the Benefits of an Arbitration Agreement, Say So

Companies that utilize third-party staffing vendors should take stock of the Fifth Circuit’s decision in Hiser v. NZone Guidance, L.L.C.1 The March 24, 2020 opinion, applying Texas law, reinforces that both contract language,...more

Fifth Circuit Confirms that a Day Rate Can Meet the Salary Requirements under the FLSA’s White Collar Overtime Exemptions

On August 21, 2019, the U.S. Court of Appeals for the Fifth Circuit issued an opinion in Faludi v. U.S. Shale Solutions, L.L.C. that may prove to be an important decision for companies that utilize day rate compensation...more

Fifth Circuit Finds Directional Drillers Are Independent Contractors

On February 28, 2019, the United States Court of Appeals for the Fifth Circuit issued an important decision involving whether contract workers in the oil patch were entitled to overtime....more

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