Labor and Employment

Joint Employment Finding Leads to Unexpected $3 Million Liability in Hospital Malpractice Case

An insurer failed to recognize that workers supplied by a staffing agency would be considered hospital employees, and ended up liable for millions in damages after a botched delivery.

Dear Employers: We Have to Stop Sticking It to Pregnant Moms and Expectant Dads

The timing of a termination – especially when it concerns an employee who is having a child – is very important, despite what you think the courts say, Franczek Radelet P.C. attorney (and expectant father) Jeff Nowak says.

Skilled Workers Getting Easier To Find

The quarterly business conditions survey from The National Association for Business Economics (NABE) was largely upbeat. Among the findings: In […]

Texas Supreme Court Reaffirms A Rigorous Toxic Tort Causation Standard

Thompson & Knight attorneys look at a Texas Supreme Court decision from earlier this month, in which the court reaffirmed […]

Twitter Workforce Census: White and Male, Like Other Tech Giants

The company reported that its employees are 60 percent white, and 70 percent male, putting them in roughly the same […]

Fifth Circuit Says Restaurant Cook Is Not Franchisor Employee

A restaurant cook plaintiff’s attempt to pull a franchisor into a Fair Labor Standards Act lawsuit as co-defendant succeeded with […]

Four Myths of the Hobby Lobby Decision: Separating Fact from Fiction

In the wake of all of the hype, misinformation abounds concerning what the decision means for employers and their obligations under the Affordable Care Act. Rachel VanNortwick Barlotta with Baker Donelson dispels some of the common misperceptions about the ruling.

California Supreme Court Splits From Federal Law on Commissioned Employee Exemption Compliance

Employers should consider restructuring their commission programs in light of a recent California Supreme Court decision requiring that employees are assured of receiving 1.5 times minimum wage in every bi-monthly paycheck.

FLSA Per Diem Claims On The Rise

Employers making “per diem” payments should immediately review their practices under the FLSA, as the Labor Department has determined a non-exempt employee’s FLSA overtime compensation must be based upon his or her “regular rate” of pay, which may go beyond stated hourly rate to include all “remuneration for employment” that is not otherwise excludable from the regular rate.