Over the last several years virtually every drug company has been hit with a lawsuit about whether its drug representatives or “drug reps” are exempt from overtime. In case you have missed them on TV or in the doctor’s offices, drug reps are the folks who visit your doctor hawking drugs from all of the
Michael Kelsheimer
Michael Kelsheimer focuses his practice on the employment law needs of Texas businesses and executives across several industries, including healthcare, oil and gas, construction and real estate. With more than 160 laws that impact the employment relationship, clients count on Michael to find effective solutions for every workplace problem they may encounter, both in and out of the courtroom. He has achieved favorable results in litigation before state and federal courts and in arbitration involving many issues, including non-compete and non-solicitation agreements, trade secret theft, all types of discrimination claims, executive employment agreements and FLSA wage and hour claims.
How the New Health Care Law will Affect your Business and Employees
Guest author and Looper Reed tax attorney Jennifer Gurevitz offers some thoughts on the recent Supreme Court decision upholding Obamacare.
Now that the Supreme Court has confirmed that the Patient Protection and Affordable Care Act is constitutional and has upheld the individual mandate providing that all Americans have minimum essential health insurance coverage or pay…
Employment Law 101: A Guide to Hiring Kids
Who, What, Why . . .
Who does it apply to: Virtually all business owners hiring individuals under the age of 18.
What is the minimum age to hire: There is a lot of variation about the minimum age to hire and there are different restrictions placed on various age groups:
• Any age: Farm…
Transgender a “Protected Class?”
“Mia” Macy applied for a job with the Bureau of Alcohol Tobacco and Firearms and interviewed as a male candidate. A former police detective from Phoenix relocating to San Francisco, Macy was repeatedly told by persons she interviewed with that she would be given the job she applied for. Some time after interviewing, but before…
Texas Leads Nation in EEOC Complaints
Everything is bigger in Texas. Darn right. Well, maybe this is one distinction Texas businesses could have done without. In recently released EEOC complaint results for 2011, Texas ranked first. One in ten complaints across the US were filed in Texas. Of those claims filed in Texas, race charges came in first, followed by…
The NLRB Offers New Guidance on Social Media Policies
Desperately trying to retain its relevance in a world where unions are going by the wayside, the National Labor Relations Board (NLRB) has taken up the issue of what employers can do about employee posts on the internet.

Under the National Labor Relations Act employees are permitted to engage in “concerted activity” which is to…
Employment Law 101: Guide to Hiring
Who, What, Why . . .
Who does it apply to: Every employer, but especially those subject to discrimination laws (over 15 employees).
What pre-search considerations are there: There are a lot of things to consider before you even announce a job. You should determine if you will search internally, outside the company, through the…
Internships – To Pay or Not to Pay?
With unemployment for people 20 – 24 hovering around 13.2%, college students are flocking to unpaid internships to gain some experience, stay busy, and better position themselves for jobs afterward. As recently reported by Josh Sanburn at Time MoneyLand and Steven Greenhouse in the NYT, however, these unpaid internships have serious legal problems.
An Update on the Orange Shirt Case
It turns out the story of the Florida law firm employees fired for wearing orange is NOT over. (For those not up to speed, see my post from March 20, 2012.) At a recent legal seminar on the National Labor Relations Act (NLRA), I learned that the orange clad crew has filed a complaint with…
Employment Law 101: Payroll Deductions
Who, What, Why . . .
Who does it apply to: Every employer without exception. Under the Texas Payday Act and the federal Fair Labor Standards Act, there are requirements and limitations about what can be deducted from an employee’s pay.
What types of allowable deductions are there: Charges in the following categories may be…

