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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 […]

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 […]

When is a Duck, a “Duck”?

Those of us representing employers in the oil patch know the sad scenario all too well. Exceedingly well paid employees and contractors seek even more pay, usually once terminated, through a long-standing law, the Fair Labor Standards Act (the “Act […]

Andrea Johnson

Where Does the Mineral Estate End and the Surface Begin?

In Lightning Oil Co. v. Anadarko E&P Onshore, LLC, the Texas Supreme Court recently declined to consider an appeal from a Fourth Court of Appeals decision denying Lightning’s request for a temporary injunction that would have blocked Anadarko from […]

Individual Liability in the Oil Patch Under the FLSA

You may wonder how a company president might be liable given the fact that we are talking about an entity that was the official “employer,” and corporate law, generally, provides a shield for individuals who work at the company, whether as employees […]

Andrea Johnson

Loss-of-Use Damages in the Event of a Total Loss

On September 22, 2015, the Texas Supreme Court will hear oral argument in the case J&D Towing, LLC v. American Alternative Insurance Corporation, and the ruling could potentially have drastic effects upon how insurers handle and value property damage […]