Blog Archives

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

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Posted in Labor & Employment, Wage and Hour

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

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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

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Posted in Discrimination, Federal Government, Labor & Employment, Wage and Hour

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

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Posted in Discrimination, Labor & Employment, Wage and Hour

Department of Labor Targeting Oil and Gas Contractors

On December 9, 2014, the U.S. Department of Labor (“DOL”) announced that it had achieved $4.5 million dollars in settlements from private employers as a result of a two year investigation into contractors working in the Marcellus Shale region of

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Posted in Discrimination, Federal Government, Labor & Employment, Wage and Hour

Can State Medical Marijuana Laws Trump Employer Rights?

Currently, 23 states and the District of Columbia have medical marijuana laws which allow a lawful level of marijuana use. One question which comes up often in such states is whether an employer can lawfully terminate an employee who fails

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Posted in Discrimination, Labor & Employment, Wage and Hour

Reminder – Cozen O’Connor Seminar: How Not to Be the EEOC’s Next Press Release

Tomorrow, the Houston office of Cozen O’Connor will be sponsoring an informative seminar, which will include guest speaker Joe Bontke from the EEOC. Joe is the Outreach Manager and Ombudsman for the Houston EEOC office and is an excellent speaker.

Posted in Labor & Employment, Wage and Hour

President Obama Keeps Adding New Labor Regulations for Federal Contractors

It has been a busy year for executive orders, especially if you are a federal contractor.   Although the President cannot unilaterally implement new employment laws affecting private employers, there has been no shortage of new labor requirements for those doing

Posted in Discrimination, Federal Government, Labor & Employment, Uncategorized, Wage and Hour

Can Employees be Disciplined for Using the Bathroom?

Employees at a Chicago plant are picketing over a new employer policy to time unscheduled bathroom breaks and discipline employees who exceed what the company deems as a reasonable amount of time.   The company even went so far as to

Posted in Discrimination, Labor & Employment, Wage and Hour

Supreme Court Says Obama Overstepped Authority with Three NLRB Recess Appointments

Today, the Supreme Court issued a long-awaited decision addressing the question of whether three recess appointees to the NLRB passed Constitutional muster.   These three NLRB members  were appointed by President Obama during a three-day recess in the middle of a

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Posted in Federal Government, Labor & Employment, Wage and Hour
About HR Headaches
HR Headaches is a blog for Human Resources professionals, business owners, and in-house counsel to get the latest news, analysis and tips in the area of labor and employment law. Every day there are new court decisions, agency interpretations, and regulations which affect the workplace, making it difficult, if not impossible, for many employers to keep current. HR Headaches is dedicated to providing information in a practical, no-nonsense manner to help employers avoid legal disputes and keep policies up to date.
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