As more states jump on the medical marijuana bandwagon, employers are faced with increasing questions about how these changes in the law affect drug testing policies. The conventional wisdom has been that medical marijuana use, like alcohol, may be lawful…
Yearly Archives: 2015
Weather Events Create Difficult HR Issues
In the last month, Houston employers have faced catastrophic rains, flooding, and now a tropical storm. We thought it would be a good time to dust off the Firm’s HR Guide for Hurricane and Disaster Preparation, which can be found here. The…
Posted in Uncategorized
Uber and Other Startups Facing Independent Contractor Disputes
Perhaps the blurriest line in employment law is the difference between an independent contractor and employee. Companies prefer contractor status because it is cheaper and offers more flexibility. Contractors don’t receive benefits, can be relieved at any time with little…
Tagged with: contractors, independent contractor, overtime
Posted in Labor & Employment, Wage and Hour
Posted in Labor & Employment, Wage and Hour
NLRB Looking to Undermine State Right to Work Laws
On April 16, 2015, the National Labor Relations Board (NLRB) quietly issued a request for amicus briefing in a case it is currently waiting to decide on appeal. The case involves the question of whether a union can charge dues…
Posted in Uncategorized
Brace Yourselves: Major Overtime Regulations Coming Soon
The Department of Labor has been promising an overhaul of the white collar exemption regulations for over a year. The regulations were originally planned to be released in the Fall of 2014, but were pushed back to February 2015. We…
Tagged with: Department of Labor, DOL, exempt, human resources, non-exempt, overtime, salary exemption
Posted in Federal Government, Labor & Employment, Wage and Hour
Posted in Federal Government, Labor & Employment, Wage and Hour
New FMLA Regulations Will Affect Texas Employers
Texas does not recognize same sex marriage, so the natural thought would be to deny a request for an employee to take FMLA leave to care for his or her same sex “spouse” from a marriage in another state. According…
Tagged with: Department of Labor, DOL, human resources
Posted in Discrimination, Federal Government, Labor & Employment, Wage and Hour
Posted in Discrimination, Federal Government, Labor & Employment, Wage and Hour
EEOC Loses Another Background Check Case
The EEOC has taken a lot of heat on its controversial stance of aggressively litigating adverse impact cases involving background checks. In April, 2012, the EEOC issued a new enforcement guidance seeking to curtail the uses of criminal background checks…
If You Are Planning Layoffs – Here Are Five Things You Need to Know
Unfortunately, when the price of oil goes down, the employment numbers also move downward in Houston. Many clients in the oil and gas industry are either planning or considering downsizing measures, which means that it is a good time to…
If You Haven’t Already, It’s Time to Add Sexual Orientation and Trans-Gender to Your Discrimination Policy
On its face, federal law does not list sexual orientation or trans-gender status as protected categories. Some states or cities have passed their own laws offering such protections, leaving a patchwork of laws across the country. For this reason, many employers…
Posted in Uncategorized
