Employment Law Note: The Section 7(i) Exemption for Commissioned Employees under the Fair Labor Standards Act

DW Law Exemption for Commissioned Employees

Certain commissioned employees in a “retail or service establishment” are exempt from overtime pay under Section 7(i) of the Fair Labor Standards Act (“FLSA”). A “retail or service establishment” is “an establishment 75% of whose annual dollar volume of sales of goods or services (or of both) is not for resale and is recognized as…

Employment Law Note: “White Collar Exemptions” and the New Rule

Employment Law Note: “White Collar Exemptions” and the New Rule

On December 1, 2016, the application of the “white collar exemptions” is going to change dramatically.  Section 13(a)(1) of the Fair Labor Standards Act (FLSA) provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional and outside sales employees.  Section 13(a)(1) and Section 13(a)(17) also exempt…

An Employer’s Threat to Terminate an Employee Can Constitute Duress

An Employer’s Threat to Terminate an Employee Can Constitute Duress

Duress is “[a]ny coercion of another, either mental, physical, or otherwise, causing him to act contrary to his own free will or to submit to a situation or conditions against his own volition or interests.” Mitchell v. C.C. Sanitation Co., 430 S.W.2d 933, 937 (Tex. App.—Houston [14th Dist.] 1968, wit ref’d n.r.e.). Under Texas law,…

Termination for Cause or Misconduct?

Termination for Cause or Misconduct?

As part of our labor and employment practice, we routinely assist our business clients with unemployment benefits hearings in front of the Texas Workforce Commission (“TWC”).  The core issue in these hearings is usually whether the former employee (claimant) is disqualified from receiving unemployment benefits.  When the employer is opposing the claimant’s request for benefits,…

Litigation and Contract Note: One-Sided Arbitration Provisions and Carve-Outs in Texas

Litigation and Contract Note: One-Sided Arbitration Provisions and Carve-Outs in Texas

It is no secret that litigation has become increasingly become privatized, with many disputes being resolved through binding arbitration, mediation, and other ADR processes. As a result of the increasing acceptance and use of these private methods, we are often asked to evaluate and draft comprehensive ADR provisions for our commercial clients. One question that…

Litigation Note – Out-of-State Subpoenas in Texas

Litigation Note – Out-of-State Subpoenas in Texas

When acting as local counsel on interstate litigation matters, we are often asked about serving discovery subpoenas in Texas. Texas is one of the few states that has not yet adopted or enacted the Uniform Interstate Depositions and Discovery Act (“UIDDA”). The UIDDA, initially recommended in 2007, is a model statute enabled by many states…

Litigation Note – Is Administrative Law Really Litigation?

Litigation Note – Is Administrative Law Really Litigation?

At any given moment, our De Leon & Washburn attorneys are probably working on several administrative law matters. This could include handling a contested case hearing in an enforcement action brought by the Texas Department of Insurance, or helping a local business with an employment audit by the Texas Workforce Commission. Each administrative law matter…

Litigation Note – Contractual Jury Waiver

Litigation Note – Contractual Jury Waiver

There are certain legal questions that seem to arise repeatedly and in different contexts. One of these questions is: “Can an individual agree by contract to waive the right to a jury trial?” The initial response by lawyers and others alike often is one of skepticism, as the person remembers the idea that the right…

Employment Law Note—A public debate: the Fifth Circuit and the NLRB on class action waivers in arbitration agreements

Employment Law Note—A public debate: the Fifth Circuit and the NLRB on class action waivers in arbitration agreements

It is no secret that arbitration, mediation, and other alternative dispute resolution methods have been rapidly gaining popularity in the business community. As part of the trend of privatizing disputes, many employers are seeking to pull as many claims as possible under the arbitration umbrella. This is typically allowed—and often favored by the busy courts—but…