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 “Whit 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…

At the outset of most employment relationships, the employer will have an employee sign a litany of documents ranging from a IRS form W4 to a non-compete agreement.  Buried within those documents is usually some form of a confidentiality agreement.  Within the agreement the employee agrees not to share any of the employer’s confidential information while an employee and after they depart.  Sometimes the agreement is referred to as a non-disclosure agreement or NDA.  Here…

I recently finished a hard fought non-compete case that settled the day before trial.  Unlike most non-compete cases that resolve themselves early on during the temporary injunction fight, this non-compete contained a liquidated damages provision that specified the damage number in the event of a non-compete breach.  The terms of the non-compete prevented the employer from seeking injunctive relief – the only remedy was the liquidated damages clause. The trial court ruled the non-compete was…

As the New Year begins a couple of things to consider:   Is the company employee manual up to date – any changes necessary? – The beginning of the year is always a good time to review those policies and procedures and see how they worked in 2018.  Often the year will show some deficiencies or problems with policies as they are applied. Are employee files up to date?  Make sure all employees have acknowledged…