New DOL Overtime Regulations
Director AJ Johnson's latest post on Energy Law Today focuses on the upcoming overtime regulations by the Department of Labor.
Blogs
The Overtime Poltergeist: New DOL Regulations Are on the Horizon
Numerous Fair Labor Standards Act (the “FLSA” or the “Act”) lawsuits (and Department of Labor audits) have targeted gobs of well-intentioned energy companies, from the largest service companies (such as Baker Hughes) down to the “mom and pop […]
Oilfield Anti-Indemnity: When Does an Agreement “Pertain” to a “Well”?
In Tetra Techs., Inc. v. Continental Ins. Co., No. 15-30446, currently before the Fifth Circuit, the lower court’s decision hinges on an interpretation of the phrase “pertaining to a well” to determine if the Louisiana Oilfield Anti-Indemnity […]
Mortgage Lenders Beware--Although the Feds Will Credit “Good Faith Effort” on TRID Disclosure Requirements, Private Actors May Not
The new TILA-RESPA Integrated Disclosures (“TRID”) went into effect on Saturday, October 3, 2015. Since June, the Consumer Financial Protection Bureau (“CFPB”) assured lenders that it would show leniency to those that make a & […]
Providing Reasonable Accommodations to Employees With Disabilities- The Interactive Process
Under the Americans with Disabilities Act (“ADA”), employers are required to provide reasonable accommodations (or changes to the employee’s workplace or job) to employees with disabilities. To effectuate such accommodations, employers are required […]
Background Checks? Be Careful!
Class action lawsuits relating to background checks of applicants and current employees are a very hot area among plaintiff's employment lawyers. The number of Fair Credit Reporting Act (FCRA) lawsuits has proliferated significantly over the past couple […]
Mitigating Exposure in Government Investigations: Cooperation Can Be the Key for Energy Companies
This is the situation in which Houston based Hyperdynamics Corporation (“Hyperdynamics”) found itself. In September 2013, Hyperdynamics received subpoenas from the DOJ pertaining to potential violations of the Foreign Corrupt Practices Act (“FCPA […]
DOI’s Greater Sage-Grouse Decision Ruffles O&G Industry Feathers; Lawsuit Filed
Listing under the Endangered Species Act (ESA) would have gained the Greater Sage-Grouse greater protections in its natural habitat, and made production of minerals in those same areas all the more difficult. The bird, although not flightless, primarily […]
FTC Asks Federal Court to Consider Banks as “Debt Collectors” Under the FDCPA
Late last week, the Federal Trade Commission filed an amicus brief in Davidson v. Capital One Bank (USA), N.A.,[1] a case brought by a consumer complaining of Capital One’s efforts to collect on a defaulted credit card. If adopted, FTC’s […]
Litigating the Ordinary Course of Business Defense – Summary Judgment and the Stanziale v. Industrial Specialists Decision
Preference litigation is frequently a game of poker between a bankruptcy trustee and creditors in which the trustee begins with a significant advantage – the lawsuit. In most cases, simply filing a lawsuit ensures that the bankruptcy trustee will leverage […]
Overtime Lawsuits At Near Record High Levels
Syracuse University’s Transactional Records Access Clearinghouse (“TRAC”), a research center established in 1989 to obtain detailed information regarding various filings at federal agencies, recently released data concerning the number of overtime […]
Don't Forfeit an Employee's Exempt Status
One of the most significant employment law risks currently facing employers are collective action lawsuits brought by current or former employees claiming they were not paid overtime. These lawsuits are often the result of misclassifying employees as […]