Employment Law Letter

Q A nonexempt employee hasn’t been paid correctly for overtime, and we discovered we’ve been noncompliant with overtime pay requirements for a number of nonexempt employees. How can we correct internal underpayments...

When an employer transitions to a seasonal operation, questions often arise regarding the applicability of the Worker Adjustment and Retraining Notification (WARN) Act and whether such a change triggers the Act’s notice...

As we have previously written, employers are increasingly confronting difficult questions regarding how to respond, if at all, to employees’ off-duty conduct (see “ Beer, baseball, and viral videos: Disciplining...

A sexually hostile work environment and retaliation case from Houston was settled earlier this month. For some lessons, read on. Love affair goes off the rails Jacqueline King managed a pizza restaurant for Ayvaz Pizza...

There are many courtroom pitfalls that can put a verdict in jeopardy. Administrative requirements, special verdict forms, and jury instructions are three of those often-explosive landmines. Will this verdict survive them...

It’s human nature that people like authority, and that often goes for trial judges interpreting arbitration agreements as well. Here, the arbitration agreement gave the arbitrator the power to decide if the agreement was...

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’...

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...