Insights

In Fort Bend County, Texas v. Davis (U.S. June 3, 2019), the U.S. Supreme Court (Court) held that the charge-filing requirement under Title VII of the Civil Rights Act of 1964 (Title VII) is not jurisdictional. The case involved an...

The much anticipated and awaited DIFC Employment Law No. 2 of 2019 (“ 2019 Employment Law ”) will come into full force and effect on 28 August 2019 (“ Effective Date ”). Between now and the Effective Date, it is...

Major changes in federal law are in the works that could significantly impact employers’ qualified retirement plans, which could require amending such plans to reflect mandatory and elective changes. The U.S. House of Representatives recently passed the Setting Every Community...

Many employers, especially those operating in a number of different states, are troubled with how to effectively cope with new and widely varying state marijuana laws. Not only are the state laws that authorize medical or recreational marijuana use proliferating,...

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....