Confused About What the FLSA Does NOT Require?

/ 10/13/2012 The Fair Labor Standards Act is a federal law that sets basic minimum wage and overtime pay standards. It also establishes recordkeeping and child labor standards. While some exemptions exist, the FLSA applies to most workers in the private sector as well as in federal, state, and local governments.   Many employers and […]

Fifth Circuit Court of Appeals Rules on FLSA Issue Involving Settlement

/ 08/11/2012 The Fifth Circuit Court of Appeals recently ruled on an issue regarding the Fair Labor Standards Act. Martin, et al. v. Spring Break ‘83 Prods., L.L.C., et al. No. 11-30671 (5th Cir. July 24, 2012), available at   A union representing workers involved in the production of a movie signed a settlement […]

Thinking of Hiring an Unpaid Summer Intern? Be Sure the Internship Meets These Requirements.

/ 03/31/2012 A frequent violation of the Fair Labor Standards Act concerns unpaid summer interns. Many business owners want to introduce students to their businesses, but, because of financial concerns, they hire the students as unpaid interns. According to the United States Department of Labor, however, unless the relationship meets certain criteria, an intern must […]

It’s the Season: Time Off for Holidays in Texas

/ 11/19/2011 With the holidays rapidly approaching, employers and employees alike may be asking questions about holiday pay and time off for special days. Although many employers offer paid holidays to their employees as a benefit, no Texas or federal law actually mandates that employees be paid for taking time off to celebrate a holiday. […]

It’s Summer Time: Are You Required to Pay Your Intern?

/ Employment Lawyer – Attorney Keith Clouse/ 08/11/2011 As students prepare to return to school, many are seeking to obtain work experience during the semester, even if it means taking an unpaid internship. However, employers need to understand their obligations when an internship is unpaid and when it is not. Under the Fair Labor Standards […]

Labor and Employment Alert

/ Employment Lawyer – Attorney Keith Clouse/ 03/18/2011 /* Style Definitions */ table.MsoNormalTable {mso-style-name:”Table Normal”; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-qformat:yes; mso-style-parent:””; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin:0in; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:11.0pt; font-family:”Calibri”,”sans-serif”; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin; mso-bidi-font-family:”Times New Roman”; mso-bidi-theme-font:minor-bidi;} Recent amendments to the Fair Labor Standards Act (“FLSA”) require employers to provide nursing mothers with adequate […]

Fifth Circuit Court of Appeals Addresses FLSA Issue

/ 01/08/2011 The Fifth Circuit Court of Appeals recently addressed an issue arising under the Fair Labor Standards Act.  Martin v. PepsiAmericas, Inc., No. 09-60896 (5th Cir. Dec. 28, 2010), available at  The plaintiff sued her former employer for unpaid overtime wages.  The district court granted the employer’s motion to dismiss after finding that […]

Can an Employer “Force” its Employees to Clock Out for a Lunch Break?

/ 08/22/2010 An employee subject to the Fair Labor Standards Act may wish to “work through lunch” so the employee can leave the workplace earlier.  But an employer can require an employee to take an unpaid lunch break, provided the employer completely relieves the employee of any work-related duties during that break time. The FLSA […]

Fifth Circuit Court of Appeals Addresses Fair Labor Standards Act Issue

/ 08/20/2010 The Fifth Circuit Court of Appeals recently ruled that a worker was an independent contractor—not an employee—and thus not entitled to overtime pay under the Fair Labor Standards Act.  Thibault v. BellSouth Telecom. Inc., et al, No. 08-31226 (5th Cir. July 26, 2010), available at  The worker owned a profitable business in […]

Fifth Circuit Court of Appeals Rules on FLSA Issue

/ 06/18/2010 The Fifth Circuit Court of Appeals recently ruled on a Fair Labor Standards Act matter.  Gagnon v. United Technisource, Inc., No. 09-20098 (5th Cir. May 27, 2010), available at  The plaintiff, a skilled craftsman, contracted with his employer to be paid $5.50 per hour for “straight time” and $20.00 per hour for […]