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Attorney Blog

In the recent decision of O’Shaughnessy v. Young Living Essential Oils, the United States Court of Appeals for the Fifth Circuit was presented with a classic contract-law conundrum of an agreement contained in more than one document, which, in this case, related to the oft-cited, but rarely used, Racketeer Influenced Corrupt Organizations Act (“RICO”). In […]

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The Fifth Circuit recently examined the job duties required to qualify as a highly compensated employee under the FLSA.  Smith v. Ochsner Health Sys., No. 18-31264, — F.3d –, 2020 WL 1897186 (5th Cir. Apr. 17, 2020).  The Fair Labor Standards Act (“FLSA”) exempts certain highly-compensated employees (“HCEs”) from the requirement that they receive overtime […]

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Following last weeks’ announcement from Texas Governor Greg Abbott, that retail stores, restaurants, movie theaters and malls will be allowed to reopen means many Texas workers now have a difficult decision to make. There are now multiple reports that some employers who have attempted to bring employees back to work are encountering some employees who […]

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As many states are planning to re-open parts of their workforce in the coming weeks, it’s helpful to take a look at some suggestions for how to safely do so. Thankfully, the US Occupational Safety and Health Administration (“OSHA”) has published Guidance for Preparing Workplaces for COVID-19 (“Guidance”), which outlines steps employers can take to […]

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Courts have frequently held that a no-solicitation agreement is unreasonable to the extent it prohibits a former sales employee from soliciting customers the employee did not serve for the employer. In Gehrke v. Merritt Hawkins and Associates, LLC, however, the court of appeals held that a trial court should have allowed a broader restriction barring […]

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In an effort to take a brief reprieve from the pandemic that has literally swept the nation, this week, we are going to take a look at a Supreme Court decision that was handed down on March 23, 2020. In Comcast Corp. v. National Association of African American-Owned Media et al., the United States Supreme […]

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The Workers Adjustment and Retraining Notification (“WARN”) Act requires employers with over 100 employees to follow certain notice requirements when laying off employees. 20 C.F.R. 693.6.  WARN requires employers with 100 employees or more to give affected workers at least 60 days’ notice of any plant closing or mass layoff, with exceptions for, among others, “unforeseeable […]

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With all of the recent negative news, its nice to see that our federal government is taking steps to help ease the county’s economic strife. According to the U.S. Department of Labor Unemployment Insurance Program Letter No. 10-20, states can pay unemployment insurance benefits to workers who miss time on the job because of the […]

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As you may have heard, Coronavirus (COVID-19) is sweeping the country – and not in a good way. There has been plenty of discussions about working remotely and health precautions around the office. But, it’s also important to remember that Coronavirus may impact your commercial contracts as well. If you have not yet begun to […]

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Generally, this weekly post is somewhat related to the realm of Employment Law or HR topics. However, this week I decided to take a brief jump over into the realm of Insurance Law – primarily because I thought this recent case out of the United States District Court Western District of Texas El Paso Division […]

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