

In a closely watched case out of Texas, the United States Court of Appeals for the Fifth Circuit held today that the structure of the National Labor Relations Board (NLRB) is likely unconstitutional. The implications are unquestionably significant but not entirely clear.
Most employers understand that there may be a requirement to reimburse employees for business expenses. However, as technology evolves many items “used” in the course of business by employees have become accessible via personal electronic devices such as cell phones and electronic tablets that the employees may already own and use for personal reasons.
Many employers unknowingly classify employees as exempt from overtime pay or fail to correctly calculate wages and, in some cases, entitlement to unpaid leave time. This can result in significant liability under the Fair Labor Standards Act and/or the Family Medical Leave Act.
Babineaux, Poché, Anthony & Slavich, L.L.C. is the network's Louisiana member.