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The saga of Texas sick leave laws continues! The San Antonio, Texas City Council has approved revisions to the city’s sick leave ordinance, which is now scheduled take effect on December 1, 2019. The ordinance was previously scheduled to become effective on August 1, 2019. However, the regulation was delayed pending a legal challenge less than […]

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You may not know it, but today is a highly anticipated day. Today, October 8, 2019, the U.S. Supreme Court is hearing oral arguments on a trio of cases that will determine whether the nation’s most prominent workplace discrimination statute prohibits employment discrimination against LGBT workers. The issue: whether Title VII’s ban against “sex” discrimination […]

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Employers in the Sixth Circuit (which has jurisdiction over Kentucky, Michigan, Ohio, and Tennessee) may want to review their employment contracts following a recent decision in which the United States Court of Appeals for the Sixth Circuit ruled that employers cannot contractually shorten the statutory limitations period for Title VII claims—except in the arbitration context. […]

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The U.S. Department of Labor announced a final ruling to make more American workers eligible for overtime pay under the Fair Labor Standards Act (“FLSA”). A copy of the Department of  Labor’s announcement may be found here [https://www.dol.gov/whd/overtime2019/]. Currently, the FLSA says that certain workers who earn less than $23,700 can earn overtime pay under […]

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The United States Department of Labor (“DOL”) has issued an opinion letter advising that eligible employees may take intermittent Family and Medical Leave Act (“FMLA”) leave to attend Individualized Education Program (“IEP”) meetings addressing the educational and special medical needs of their children. The opinion letter, which constitutes formal guidance on the interpretation of the […]

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Conn Appliances, Inc. v. Williams presents an interesting opinion out of the Fifth Circuit Court of Appeals involving a retail installment contract. The case was decided on September 4, 2019. The case arose out of Conn Appliances, Inc.’s (“Conn”), attempts to compel Johnnie F. Williams, Jr., to comply with the terms of Conn’s retail installment […]

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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 settled an important question, finding that a guaranteed day rate that provides compensation exceeding  at least $455 per week can meet the Fair Labor Standard Act (“FLSA”) salary requirements for the […]

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Earlier this month, the Fifth Circuit Court of Appeals affirmed the lower court’s summary judgment for the defense, holding, that an employer’s investigative report was shielded from defamation liability. In the case of Warren v. Fannie Mae, No. 18-11211 (Aug. 2, 2019), Stephanie Warren, challenged  the district  court’s  grant  of  summary judgment  on her defamation  […]

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Can an employee be terminated for going on vacation when taking leave under the Family and Medical Leave Act? Maybe not. Earlier this year, the Massachusetts Supreme Judicial Court found that an employee could not terminated for going on vacation when taking leave under the Family and Medical Leave Act.  In that case, the plaintiff, […]

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The Dallas Paid Sick Leave ordinance took effect August 1, 2019, requiring employers to provide workers with six to eight paid sick days a year, depending on employer size. Businesses in north Texas, however, filed a lawsuit two days before the effective date asking a federal judge to halt the new law. The law requires […]

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