We’ve been following the overtime rule changes since 2016.  The changes stalled out for various reasons but the US Department of Labor under the Trump Administration has delivered its new regulations which are effective January 1, 2020. Some of the key points: the minimum base salary for exempt employees moves up from $455 a week to $684 a week ($23,660 annually to $35,568 annually) the total annual compensation for “highly compensated employees” increases from $100,000…

Employers don’t spend enough time considering their non-competes.  That’s an overly broad statement, but it is usually the rule not the exception.  The reason that happens kind of makes sense. Most employers haven’t been down the road of enforcing a non-compete.  The provision at issue may be a one-off that’s included in one employment agreement or one that has been altered over time.  Point is there is no judicial experience with the non-compete.  The employer…

  Last week, Google said it was no longer going to enforce its anti-poaching provision that includes in its employment contracts.  I don’t see them going anywhere as it relates to Texas employers/employees. Under Texas law, an anti-poaching provision has to satisfy the Texas non-compete statute meaning it has to be ancillary to an otherwise enforceable agreement and reasonable in time and scope.  The provision will attempt to limit a departing employer from hiring a…

    Over the past few months we’ve been tracking the interplay between various Texas cities (San Antonio – Dallas – Austin) and the Texas legislature.  The aforementioned city councils adopted in similar form and fashion mandatory leave policies for employees within city limits.  The Dallas version provides for the following: In effect August 1, 2019 for employers with 15 or more employees and August 1, 2021 for smaller businesses; All for-profit and non-profit businesses…

  Following a number of other cities in Texas including Austin and San Antonio, the Dallas City Council approved an ordinance requiring paid sick leave for Dallas employees.  The highlights of the ordinance: In effect August 1, 2019 for employers with 15 or more employees and August 1, 2021 for smaller businesses; All for-profit and non-profit businesses required to provide paid sick-leave; An employee is entitled to one hour of leave for every 30 hours…

  In  Texas, cities are attempting to enact legislation that mandates paid time off/sick leave.  In February, the City of Austin passed a paid-time-off ordinance.  It does not go into effect until October.  In the meantime lawsuits have been filed to stop the ordinance and there are efforts in the Texas legislature to prevent such ordinances.  Today, I read in the Dallas Morning News that the City of DeSoto has become the first North Texas…

Towards the end of the Obama administration, the Department of Labor announced standards that would expand overtime coverage.  Here is a run down from what was proposed from a post way back in 2016: The new “White Collar Rule” for exempt/non-exempt from the Department of Labor kicks in on December 1, 2016.  In short, employers will no longer be able to treat “white collar” employees that make more than $47,476 per year as exempt and…