On June 23, 2026, the Fifth Circuit issued its decision in Brenyah v. Columbia Hospital Corporation of Bay Area, affirming summary judgment for the employer on the plaintiff’s race and national origin discrimination, retaliation, ADA disability discrimination, ADA failure-to-accommodate, ADA
Kelly Hart Hallman LLP Blogs
Latest from Kelly Hart Hallman LLP
Fifth Circuit Holds Hybrid Salary-Plus-Day-Rate Pay Scheme Qualifies as “Salary Basis” and Exempts Oilfield Workers from FLSA Overtime
On June 12, 2026, the Fifth Circuit issued its decision in Guilbeau v. Schlumberger Technology Corporation, No. 25-50594, holding that a hybrid compensation scheme combining a fixed biweekly salary with variable day rates qualified as “salary basis” pay under the
Fifth Circuit Affirms Dismissal of ADA Claims Where Full-Time Telework Would Eliminate Essential In-Person Job Function
Since the COVID-19 pandemic and the necessity that many jobs be performed, at least temporarily, from home, employers and employees have litigated numerous disputes over when work-from-home eliminates an essential function of a position (i.e., onsite attendance) or is a
Fifth Circuit Upholds Texas Trade Secret Liability but Vacates $75 Million Damages Award Due to Lack of Apportionment
Earlier this year, the United States Court of Appeals for the Fifth Circuit issued a significant decision in Trinseo Europe GmbH v. Kellogg Brown & Root, L.L.C., No. 24-20460, providing important guidance on damages calculation in trade secret misappropriation cases.
New Requirements for Noncompetition Agreements with Non-Physician Health Care Practitioners
Beginning September 1, 2025, noncompetition agreements with dentists, professional and vocational licensed nurses, and licensed physician assistant (collectively “health care practitioners”) must include:
- An option to buy-out of the noncompete in an amount not greater than the practitioner’s total annual
Who’s in Charge? Trial Court v. Arbitrator Jurisdiction
Often parties dispute the arbitrability of a dispute, leading to the question of who has jurisdiction—the court or the arbitrator. Some may worry that the inclusion of an arbitration clause makes a dispute always arbitrable. However, the “law provides protection
Additional Requirements for Physician Non-Competes Takes Effect
Effective September 1, 2025, the Texas Legislature imposed additional restrictions for enforceable noncompetition agreements with physicians entered on or after that date. For agreements entered after September 1, 2025, in addition to the other longstanding restrictions, the agreements must
Fifth Circuit Clarifies Highly Compensated Employee Exemption Under FLSA for Oilfield Quality Control and Advisory Roles
On July 14, 2025, the U.S. Court of Appeals for the Fifth Circuit issued a significant decision addressing the application of the Fair Labor Standards Act (FLSA) overtime exemption for highly compensated employees (HCEs) in the oilfield services sector. In
Is history the best teacher?
As every lawyer knows, solid arguments are built on a combination of precedent and history—either urging the court to follow what it or other courts have done in the past, or to avoid prior decisions through distinction in the present