Insights

In Parrish v Premier Directional Drilling , the Fifth Circuit recently rejected a group of directional driller consultants’ claims for overtime under the Fair Labor Standards Act (“FLSA”) finding that the directional driller consultants were properly classified as independent contractors....

Composing separation agreements that are consistent with best practices and a host of relevant legal concerns can be a never-ending endeavor for employers - especially with case law and agency guidance continually evolving. Challenging issues involved in drafting these agreements...

Under pressure from business organizations, OSHA has issued a final rule rescinding the requirement for workplaces with 250 or more employees to electronically submit data from their OSHA 300 and 301 forms to the agency. The two forms required employers...

Now that 2019 has begun, corporations should be aware of IRS reporting requirements regarding certain 2018 stock transactions with their employees. Section 6039 of the Internal Revenue Code of 1986, as amended (the “Code”), requires a corporation to report (i)...

Speakers: Jim Kizziar and Chris Jaynes Info: Please join labor and employment lawyers Jim Kizziar and Chris Jaynes for a complimentary webinar to address four significant developments in disability law. The webinar will analyze recent court decisions and provide practical...

For years now employers have been confronted with severe limitations on visa numbers for new H-1B petitions. Historically, USCIS receives more than enough petitions to reach the congressionally mandated H-1B cap. Therefore, it uses a computer-generated random selection process to...

Faced with the tightest labor market in decades, businesses are vigorously competing for employees - particularly those with highly valued skills. Some executives faced with these pressures may be tempted to reach an agreement, or at least an informal understanding,...

On October 25, 2018, a jury in the Southern District of Texas found oilfield mud engineers were exempt from overtime requirements of the Fair Labor Standards Act (“FLSA”) under the Administrative Exemption. This victory for the employer is unique because...

In May 2018, the United States Supreme Court issued an opinion upholding the validity of class-action waivers in employee arbitration agreements. Significant media coverage of that opinion has led many employers to evaluate whether to require employees to arbitrate employment-related...

Bob Nichols and Kevin Collins discuss preparations for an OSHA process-safety-management-standard (PSM) inspection. OSHA issued the PSM standard to help ensure the safe management of highly hazardous chemicals. The standard integrates hazard assessment, technology, procedures, and management practices, and PSM...

On August 21 st , the IRS issued Notice 2018-68 which provides initial guidance regarding amendments to Section 162(m) of the Internal Revenue Code (“Section 162(m)”) as provided by the 2017 Tax Cuts and Jobs Act passed in late 2017....

On May 21, 2018, the United States Supreme Court issued an opinion on a trio of cases challenging employer enforcement of arbitration agreements with class-action waivers. The Court held that the Federal Arbitration Act (FAA) allows enforcement of arbitration agreements...

On May 16, 2018, the Fifth Circuit Court of Appeals published an opinion unequivocally placing the burden of proof on interstate drivers of motor carriers seeking overtime under the small vehicle exception to the Motor Carrier Act. Scot Carley et...

Since President Trump took office, there have been significant changes on the immigration front. In addition to the termination and curtailing of several humanitarian-based programs such as DACA and the Temporary Protected Status for El Salvador, Haiti, Nicaragua and Sudan,...

On April 6, 2018, the Texas Supreme Court issued a decision assessing what evidence is necessary to support an actionable same-sex sexual harassment claim. In an opinion totaling over 100 pages, the six-justice majority and two-justice dissent sparred over the...