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.
Insights
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 […]
Physician Employment and Non-Competes Part 2
The specific requirements of the statute (Section 15.50(a) of the Texas Business Code) appear to provide a blueprint for employers, and they are easy enough to recite in an agreement. Employment agreements merely parrot the statutory requirements, and […]
Tom Ciarlone Weighs In on the Recent Marathon Oil Court Victory
Tom Ciarlone, Director in KRCL's Houston office, weights in on the recent Marathon Oil court victory in a Houston Business Journal Article.
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 […]
October is National Cybersecurity Awareness Month
The Office of the Comptroller of the Currency recently announced that the President has designated October as National Cybersecurity Awareness Month. OCC’s statement emphasizes the regularity of cybersecurity breaches and the need for financial institutions […]
Subrogation Alert: New Texas Statute Affecting Condominium Construction Defect Claims
Before filing a lawsuit or initiating an arbitration proceeding pertaining to a construction defect, a condominium association in Texas with eight or more units must now comply with the newly added Section 82.119 to Chapter 82 of the Texas Property Code […]
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 […]
Is Private Practice "Going the way of the Dodo Bird and Dinosaur"?
Physician employment may well be here to stay. And that is a big problem for physicians and patients, alike. Goodbye, independent physician judgment and hello corporate practice of medicine. Even more reason to review the tips in my Physician's Guide […]