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Texas

Judge enjoins NLRB in-house trial over constitutional challenge

10/10/2024
The Supreme Court ruled that agency trials conducted by administrative law judges appointed by the agency violated the constitutional right to trial by jury. Since then, some employers have questioned the process that agencies like the NLRB use when charging employers with violating laws including the NLRA.

Federal appeals court affirms: Overtime salary test is valid

09/20/2024
Ruling in Mayfield v. DOL, the 5th Circuit Court of Appeals rejected a challenge by a Texas restaurateur who argued that nothing in the Fair Labor Standards Act gave the DOL the authority to base overtime pay on anything except the kind of work employees perform.

DOL’s 80/20 tip-credit rule overturned

08/30/2024
A federal appeals court on Aug. 23 struck down a Department of Labor rule governing how tipped workers must be paid for performing work for which they cannot receive tips.

Court order signals FTC’s noncompete ban may be struck down

07/08/2024
A federal judge in Texas on July 3 issued a preliminary injunction that partially prohibits the Federal Trade Commission from enforcing a rule that bans employers from using noncompete agreements. The court’s ruling likely means the rule will be overturned before it takes effect in September.

Despite federal court’s narrow restriction, start complying with new OT rule

07/01/2024
Ruling on the first of two lawsuits seeking injunctions to block the rule, Judge Sean D. Jordan of the U.S. District Court for the Eastern District of Texas decreed June 28 that Texas state government agencies do not have to comply with the overtime rule. All other employers subject to the Fair Labor Standards Act do.

He said, they said: No records puts employer in a messy place

06/20/2024
Lawsuits for unpaid overtime aren’t always so cut-and-dried. They can come in layers, with each layer costing you more. The 5th Circuit ruled that an employer could be liable for unpaid overtime if it misclassified workers as independent contractors, even though the workers had scant evidence of their unpaid overtime.

No, you can’t use high medical costs as an excuse to terminate a sick worker

05/13/2024
A car dealership is out $325,000 and must train managers and supervisors on the ADA and the Age Discrimination in Employment Act.

Federal court says technicality makes PWFA unconstitutional

04/05/2024
A federal trial court in Texas has dealt a blow to the Pregnant Workers Fairness Act, ruling on a technicality that the federal law requiring most employers to reasonably accommodate pregnancy-related limitations is unconstitutional.

NLRB joint-employer rule blocked from taking effect

03/18/2024
A federal judge in Texas has vacated the National Labor Relations Board’s new joint-employer rule, calling it “arbitrary and capricious.”

How to save millions even if you lose in court: Good-faith investigation can prevent huge punitive damages

03/13/2024
Always investigate every HR complaint, even if you think it’s frivolous. Doing so can help you dodge a huge punitive awards verdict if a jury sides with a fired worker. What matters most is that the investigation is done in good faith.