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Before all the Facebook creepiness, pukey-poopy emojis, and gushing over my awesome law firm, I foreshadowed some changes from the U.S. Department of Labor to the Fair Labor Standards Act overtime rules.

Yesterday, the DOL put a ring on it and made it official. Continue reading

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“Eric, congratulations on the new gig with Fisher — it’s FisherBroyles, right?” they said with scrunched, skeptical faces that didn’t quite match their words of encouragement.

I got a lot of that when, after 12 years at a large, traditional law firm, I catapulted to the first and largest full-service cloud-based law firm in the world.  

‘Catapulted’ is intentional. Sure, you can soar to new heights. But, the ultimate impact can be hard and messy.

So, how has the first year of practice been at FisherBroyles? Continue reading

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Remember that f**king fire drill?

Back in 2016, the United States Department of Labor proposed a rule that would have made millions of workers eligible to earn overtime for the first time by raising the salary-level that exempts certain individuals from overtime eligibility under the Fair Labor Standards Act.

And employers panicked. Many businesses converted salaried employees to hourly. Others got raises. Some received both. It was a mess. The only happy people were the employment lawyers.

But, then a federal judge in Texas entered a nationwide injunction against the proposed DOL rule, and everything went away, except those raises and pay changes that you could exactly stuff back into the tube of toothpaste.

Welcome to Round Two

Continue reading

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In most states, non-competition agreements between an employer and employee are legal, as long as there is some form of consideration (like money) to support them.

But, what about a no-hire or no-poach agreement; e.g., a ‘contract’ between two businesses where one (or both) agrees not to hire the others’ employees during their business relationship and for some time after it ends?

That must be legal too, right?

Probably not. Continue reading

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Imagine that you operate a valet parking service at a large hotel and you’re looking to hire a parking attendant. Your 10 am interview arrives. You say, “good morning.” He responds in sign language.

He’s deaf.

A deaf parking attendant?!?

Continue reading

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