Employment Law Letter

According to the iconic Gershwin song, the livin’ is easy in summertime. But managing time-off requests can be anything but easy when employees begin their annual jockeying for position on the vacation calendar. As...

A series of cases has analyzed how to handle an individual claim that is properly subject to arbitration and a companion Private Attorneys General Act (PAGA) claim that cannot be forced into arbitration. Do the two cases...

Like many other states, California has an app-based workers protection law providing multiple protections for drivers, regardless of whether they are deemed to be employees. One of the requirements limits companies’...

The National Labor Relations Board (NLRB) has taken action to return to a more definite joint employer framework tied primarily to the exercise of substantial, direct, and immediate control. This framework reshapes how...

A recent Michigan Court of Appeals decision offers an important lesson for employers about how written employment documents interact—especially when there is an integration clause in an employment contract. Facts On...

“Wrongful termination” is a term frequently used in workplace disputes but not always with precision. Employees often assume that if a termination feels unfair or abrupt, it must also be illegal. The law, however, doesn...

It isn’t uncommon for commission-based employees to have contracts stating that they must be employed on the commission payout date to receive payment. Such provisions can result in an employee not receiving commissions...

The U.S. 5th Circuit Court of Appeals (whose rulings apply to all Texas employers) brought the hammer down on February 18 in an opinion written by Chief Judge Elrod. Glad I was not the nail. Show-cause order issued What...

The U.S. 5th Circuit Court of Appeals (whose rulings cover Texas) had to shoot down another employer effort to do an end run around the rules of paying overtime. For the lesson dealt to a Houston-area employer, read on...

Updates to the Health Insurance Portability and Accountability Act (HIPAA) notice of privacy practices (NPP) are required by February 16, 2026. Below is an overview of what changes are required and how health plan...

Since the late 1980s, employers conducting large layoffs have had to ensure compliance with the Worker Adjustment and Retraining Notification (WARN) Act. While doing the calculus to determine whether there are WARN...

The National Labor Relations Board (NLRB) has resumed operations after a prolonged period without a quorum, restoring its ability to decide cases and issue precedent. Yet the Board’s narrow composition, looming vacancies...

Immigration and Customs Enforcement (ICE) is now the highest-funded law enforcement agency in the U.S. government. With the increased funding, the Trump administration has more than doubled the number of ICE officers and...

Earlier this year, the Department of Labor (DOL) issued opinion letters offering employers guidance regarding certain wage and hour matters under the Fair Labor Standards Act (FLSA). While these opinion letters are...

One of the most difficult parts of owning a business is finding great employees. Successful business owners know they cannot be everywhere at once and therefore must rely on their key employees. Sometimes retaining key...