Fifth Circuit says Texas trial court should have considered reforming an overbroad non-compete at the preliminary injunction stage

The enforceability of employment non-competes in Texas is governed by the Texas Covenants Not to Compete Act. If a non-compete covenant is found to be overbroad, “the court shall reform the covenant to the extent necessary to cause” the covenant to be reasonable. Tex. Bus. & Com. Code § 15.51(c). The Texas Supreme Court has … Continue Reading

Fifth Circuit examines the job duties required for the highly-compensated employee exemption from overtime pay under the FLSA

By Peter Stuhldreher and Paul Knettel on 23 April 2020 Posted in Employment & Labor (U.S.), Wage and Hour, Workplace Laws and Regulations

The Fair Labor Standards Act (FLSA) exempts certain highly-compensated employees (HCEs) from the requirement that they receive overtime pay for hours worked over 40 in a workweek. To be considered highly compensated, the employee must receive both (1) at least $684 per week paid on a salary or fee basis; and (2) at least $107,432 … Continue Reading

Fifth Circuit clarifies when improper pay deductions make an employee ineligible for exemptions from overtime under the FLSA

By Paul Knettel and Peter Stuhldreher on 24 February 2020 Posted in Employment & Labor (U.S.), Wage and Hour, Workplace Laws and Regulations

The Fair Labor Standards Act (FLSA) exempts employees with certain executive, administrative, or professional job duties from the requirement that they receive overtime pay for hours worked over 40 in a workweek. Determining whether one or more of these “white collar” exemptions apply to a particular employee requires a fact-intensive analysis of the employee’s job … Continue Reading