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 […]
Author: Lisa Smith, SPHR
Attorney Blog, Human Resources
Fifth Circuit Confirms A Day Rate of $1,000 Meets the Salary Requirements Under The FLSA’s White Collar Overtime Exemptions
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 […]
Attorney Blog, Human Resources
Fifth Circuit Finds Employer’s Investigative Report Shielded from Defamation Liability
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 […]
Attorney Blog, Human Resources
Can an employee be terminated for going on vacation when taking leave under the Family and Medical Leave Act?
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, […]
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 […]
This week, we discuss an example of a recent, and growing, trend where state governments are getting involved in how employers utilize non-compete agreements. Recently, Maine, New Hampshire, Rhode Island, and the state of Washington have passed regulations that restrict employers’ abilities use non-compete agreements. Most recently, on June 28, 2019, the state of Maine […]
According to some reports, in 2018, the US economy included up to 53 million “gig” workers.[1] Of those 53 million, the report estimates that 10.1 million were assigned as temporary workers by staffing firms, and 7.9 million were “human cloud workers,” which may be better described as workers utilizing online digital platforms to obtain business […]
Within the past three weeks, both California and New York have passed laws prohibiting employers from discriminating based upon hairstyle. Governor Newsom signed California’s “CROWN Act” (Create a Respectful and Open Workplace for Natural Hair) on July 3, 2019, making California the first state to ban discrimination against natural hair, including afros, braids, twists, and […]
Attorney Blog, Human Resources
Appeals Court Finds Employer Can Revoke Reasonable Accommodation Under ADA Post-Merger
This week, the Seventh Circuit Court of Appeals (which covers Illinois, Indiana, and Wisconsin), ruled that Dallas based American Airlines could rescind a reasonable accommodation that included a “Work from Home Arrangement” for an employee with multiple sclerosis based on a the Company’s determination that the essential job functions of her position changed following […]
Attorney Blog, Human Resources
Supreme Court Expands FOIA Confidentiality Protections for Private Companies
In Food Marketing Institute v. Argus Leader Media, the U.S. Supreme Court held that government agencies can withhold a private company’s records from public disclosure under Exemption 4 of the Freedom of Information Act (“FOIA”) if the company has treated the information as confidential and also received promises from the government agency to maintain the information’s confidentiality. […]