Today, the U.S. Supreme Court unanimously held that “the preponderance-of-the-evidence standard applies when an employer seeks to prove that an employee is exempt from the minimum-wage and overtime-pay provisions of the Fair Labor Standards Act (FLSA).” The Court reversed the
Latest from Texas Employment Law Update
Texas Court Strikes DOL Rule Increasing Salary Basis Threshold
In an April 2024 final rule that abruptly took effect July 1, 2024, entitled Defining and Delimiting the Exceptions for Executive, Administrative, Professional, Outside sales, and Computer Employees, the Department of Labor amended the Fair Labor Standards Act to require
EEOC Publishes Final Rule Implementing Pregnant Workers Fairness Act
On April 19, 2024, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued a final rule to implement the Pregnant Workers Fairness Act (“PWFA” or the “Rule”). The Rule was published and becomes effective on June 18, 2024.
The PWFA requires
FTC Publishes Final Rule Attempting to Outlaw Most Noncompetition Agreements with Employees
On April 23, 2024, the Federal Trade Commission voted 3-2 to approve a final rule banning all employee noncompetition agreements nationwide. The rule, currently set to go into effect 120 days after publication in the Federal Register (except for
DOL Publishes Final Rule Raising Salary Basis Threshold for Many Overtime Exemptions
On April 23, 2024, the U.S. Department of Labor published a final rule raising the minimum weekly salary many exempt employees must be paid to qualify as exempt from overtime under the Fair Labor Standards Act. The new rule raises
U.S. Supreme Court Clarifies When Job Transfers May Violate Title VII of the Civil Rights Act
Today, the U.S. Supreme Court held that a Title VII plaintiff challenging a job transfer that was allegedly ordered because of her sex but did not result in a decrease in pay or benefits may still state a claim for
U.S. Supreme Court Clarifies “Cost” Burden for Employer Showing of Undue Hardship under Title VII
Texas Supreme Court Holds Morbid Obesity, Unconnected to Physiological Disorder or Condition, Is Not a Disability
In a rare employment case issuing from the Texas Supreme Court, the Court held that morbid obesity, without some evidence that it is caused by an underlying physiological disorder or condition, does not qualify as a disability under state ant-discrimination
Texas Passes CROWN Act Prohibiting Racial Discrimination in Hairstyles
Beginning on September 1, 2023, the Texas Labor Code will prohibit race discrimination on the basis of an employee’s hair texture or a protective hairstyle commonly or historically associated with race. Protected hairstyle includes braids, locks, and twists. Twenty states
NLRB Finds Nondisparagement and Confidentiality Provisions Found in Many Severance Agreements Unlawful
A recent decision of the National Labor Relations Board (the “Board”) concluded that standard nondisparagement and confidentiality provisions found in many employee severance agreements violate federal labor law because they have a reasonable tendency to interfere with and restrain employees’