In an April 2024 final rule that abruptly took effect July 1, 2024, entitled Defining and Delimiting the Exceptions for Executive, Administrative, Professional, Outside sales, and Computer Employees, the Department of Labor amended the Fair Labor Standards Act to require a higher standard salary level for those employees exempt from the Act’s minimum wage and
Kelly Hart Hallman LLP Blogs
Latest from Kelly Hart Hallman LLP
“Tragic magic” or relief from your grief?
“[W]e kind of do have a reputation around here for being sticklers for the rules,” a Dallas County district judge quipped when denying a motion for leave to file a late summary judgment response. See Verhalen v. Akhtar, — S.W.3d —, No. 23-0885, 2024 WL 4394980, at *1 (Tex. Oct. 4, 2024). The judge chalked
What’s it to you?
“As Justice Scalia memorably said, Article III requires a plaintiff to first answer a basic question: ‘What’s it to you?’” Food & Drug Admin. v. All. For Hippocratic Med., 602 U.S. 367, 379 (2024) (quoting A. Scalia, The Doctrine of Standing as an Essential Element of the Separation of Powers, 17 Suffolk U.L. Rev. 881,
Texas Standards for Appellate Conduct?
“Lawyers are an indispensable part of the pursuit of justice.”
The rarely cited Standards of Conduct for the Texas Rules of Appellate Procedure—found in the TRAP following Section Five—begins with this statement. The Standards explain that:
The appellate lawyer’s role is to present the law controlling the disposition of a case in a manner that
EEOC Publishes Final Rule Implementing Pregnant Workers Fairness Act
On April 19, 2024, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued a final rule to implement the Pregnant Workers Fairness Act (“PWFA” or the “Rule”). The Rule was published and becomes effective on June 18, 2024.
The PWFA requires covered employers to provide reasonable accommodations to employees with known limitations, including physical or mental
FTC Publishes Final Rule Attempting to Outlaw Most Noncompetition Agreements with Employees
On April 23, 2024, the Federal Trade Commission voted 3-2 to approve a final rule banning all employee noncompetition agreements nationwide. The rule, currently set to go into effect 120 days after publication in the Federal Register (except for the notice provision which is effective earlier), is the result of the FTC’s position that
DOL Publishes Final Rule Raising Salary Basis Threshold for Many Overtime Exemptions
On April 23, 2024, the U.S. Department of Labor published a final rule raising the minimum weekly salary many exempt employees must be paid to qualify as exempt from overtime under the Fair Labor Standards Act. The new rule raises the salary basis threshold for executive, administrative, professional and computer professional exempt employees from $684
U.S. Supreme Court Clarifies When Job Transfers May Violate Title VII of the Civil Rights Act
Today, the U.S. Supreme Court held that a Title VII plaintiff challenging a job transfer that was allegedly ordered because of her sex but did not result in a decrease in pay or benefits may still state a claim for relief if she can show the transfer brought about some harm with respect to an
Does Oral Argument ever make a difference?
“But your client breached the agreement!” – declared a Fifth Circuit Judge while pounding a fist with each word.
“Respectfully, your honor, there never was an agreement for my client to breach.”
It was one of those moments that gave me flashbacks to those heated law school moot court practices that were aimed at preparing
Mother May I?
After even a few years of practice, most attorneys have experienced that case that really should only reach a trial after a preliminary legal issue is decided. It just seems that the expense and time for trial is wasteful if ultimately, the controlling issue on appeal is the preliminary question before ever touching on the