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DOL Overtime Regulations Fight Continues

As you are aware and as we have discussed in this blog before, the revisions to the Department of Labor’s overtime regulations are set to go into effect on December 1, 2016.  In light of this impending change, the United States Congress and various states have taken action to delay the change.  On September 20th, 22 states (including Texas) filed a declaratory judgment lawsuit in the United States District Court for the Eastern District of Texas (Sherman Division). The states based their lawsuit on the fact that they are subject to the new regulations and that state employees will be affected Read more
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Discrimination Changes on the Horizon?

At the time of the June 30, 2014 Burwell v. Hobby Lobby, Inc. decision from the United States Supreme Court, many employment law experts and practitioners recognized that the Court’s decision to let Hobby Lobby opt out of portions of the Affordable Care Act (aka Obamacare) on religious grounds could lead to a litany of lower court decisions addressing employers’ desires to opt out of other employment laws on religious grounds.  We now have such a case.  Yesterday, August 18, 2016, in a decision out of the U.S. District Court for the Eastern District of Michigan, a judge held that the Read more
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Final DOL Overtime Regulations Released

Yesterday, the Department of Labor released the final regulations regarding the white collar exemptions for overtime compensation. We will discuss this more here and in our newsletter, but here is a quick run down of what employers need to know: The salary threshold for the white collar exemptions (administrative, executive, professional, creative) is now $913 per week (which equates to $47,476 per year) There will be automatic salary threshold increases every 3 years to maintain the salary level at the 40th percentile in the lowest-wage census region The highly compensated employee exemption salary threshold is changed to $134,004 per year There Read more
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NLRB Guidance Memo

We posted a video on our YouTube page about NLRB guidance and rules for employers in non-union settings, specifically as it relates to employee handbooks and policies and procedures in the workplace.  We said we would link the memo to our blog so you could download it and view it.  That memo is here: NLRB Memos You will want to click the link for Memo GC 15-04. If you would like to view the YouTube video we posted (or any of our other videos), you can visit our YouTube channel at Simon | Paschal PLLC Read more
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Workplace Drug Testing

Drug testing often can be a confusing area of the law for many employers.  The first thing to consider is whether you operate in an industry in which drug testing is required or regulated (i.e. trucking/transportation) or are subject to certification or licensure requirements that include drug testing (i.e. ISO, etc.).  If you are not subject to any specific drug testing requirements by virtue of your industry or any licenses/certifications, then the default rules apply (assuming you only are operating in the state of Texas since this blog post will address federal and Texas state law). As a general matter, Read more
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New EEOC Guidance on Retaliation

We posted a few days ago about the EEOC’s new guidance on Position Statements.  Well, the EEOC has been busy because they also have proposed new enforcement guidance regarding retaliation claims and charges.  From January 21, 2016 through February 24, 2016, the EEOC accepted input regarding its draft proposed enforcement guidance on retaliation claims.  The EEOC believes the updated enforcement guidance is necessary since nearly 43% of all private sector charges filed in 2014 included retaliation claims.  While the enforcement guidance is not binding law, employers should be aware of it since it is used by the agency in investigations Read more
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EEOC Position Statements

In order to assist employers in drafting EEOC position statements, we recently released a video on our YouTube page outlining tips for crafting EEOC position statements.  As a follow up to that video, we want to highlight the EEOC’s recent updated information and guidance regarding employer position statements.  A position statement is the employer’s response to an employee’s or ex-employee’s Charge of Discrimination.  In most instances, after an employee or ex-employee files a Charge of Discrimination with the EEOC, the EEOC contacts the employer to request a position statement.  While many employers will utilize the services of a lawyer to draft the Read more
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What Justice Scalia’s Death Means for Employers

You likely have seen or read numerous stories and reports about the death of United States Supreme Court Justice Antonin Scalia and what it means for U.S. politics and the upcoming presidential election.  We will leave that discussion to the experts.  If a replacement is not appointed and approved, though, the Supreme Court will be left with only 8 members that are ideologically split on 4-4 lines.  While there is no guarantee that this will be a problem, there is potential that some cases could be decided on a 4-4 basis.  If that happens, the lower court decision stands but Read more
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FLSA Lawsuits and Enforcement On the Rise

It doesn’t take much to see that FLSA claims, including lawsuits and Department of Labor audits/enforcement, are on the rise.  All you have to do is turn on your TV, open a newspaper or visit the Internet.  In fact, if you use Uber to get around or follow the NFL or the NBA, you already see several major examples.  The Oakland Raiders cheerleading squad filed a lawsuit against the team in early 2014 alleging that they were employees entitled to minimum wage and overtime.  While both the NFL and the Department of Labor alleged that the cheerleaders, the Raiderettes, should or Read more
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A Reminder About the Protected Nature of Alcoholism

You may or may not have seen the sports news in the last few days and weeks but ESPN and other outlets reported that former University of Southern California head football coach, Steve Sarkisian, filed a lawsuit against the school alleging disability discrimination and failure to provide a reasonable accommodation based on the fact the school terminated him near the middle of the 2015 football season. In December 2013, USC hired Sarkisian as the head football coach and entered into a five-year contract with Sarkisian. In October 2015, USC terminated Sarkisian only 24 hours after it asked him to take Read more