Paul Knettel

Sharply Divided En Banc 5th Circuit Opines on Salary Basis Requirement for Day Rate Employees Under the FLSA

By Peter Stuhldreher and Paul Knettel on September 13, 2021 Posted in FLSA

In a 12-6 split decision, the en banc 5th Circuit Thursday evening released its ruling in Hewitt v. Helix Energy Solutions Group, Inc., Case No. 19-20023, addressing the issue of when an employee paid a daily rate can qualify for the “salary basis” requirement for certain exemptions from overtime pay under the Fair Labor Standards … Continue Reading

Texas Court Affirms Employers’ Freedom to Require COVID-19 Vaccine for Employees

By Paul Knettel and Peter Stuhldreher on June 14, 2021 Posted in Texas

COVID-19 has presented no shortage of legal questions for employers, from shutdowns and layoffs to when and how to reopen. And with COVID-19 vaccines now broadly available in the United States, some companies (especially those in high-risk environments like hospitals and nursing homes) face a new question: whether they can require COVID-19 vaccination as a … Continue Reading

New Decade, Same Rules: Noncompetes in Texas 10 Years After Marsh USA Inc. v. Cook

By Peter Stuhldreher, Mark Temple and Paul Knettel on March 23, 2021 Posted in Non-Compete

Under Texas law, to establish an enforceable covenant not to compete, the first question is often whether the covenant is supported by adequate consideration. Unlike many states, in Texas, an employer cannot pay for a restrictive covenant (which includes both noncompetes and customer non-solicitation restrictions). In other words, in Texas, a raise, bonus or severance … Continue Reading