How Would Your Overtime Exemptions Fare in Court?

On May 30, 2017, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit, in Dewan, et al. v. M-I, LLC, said a jury should decide whether two oil field workers were entitled to overtime pay under the Fair Labor Standards Act (“FLSA”). Accordingly, the Court reversed a summary judgment ruling by the District Court which found the workers were exempt from the FLSA’s overtime requirements because they worked “in a bona fide … administrative capacity.” Absent a settlement, the fate of the exemption for the two old field workers is now in the hands of a federal jury. READ MORE

Ten Reasons to Contest an OSHA Citation

Following receipt of an OSHA citation, an employer has only a short period – 15 workings days – to contest the citation. If not timely contested, the citation and proposed penalties become a final order of the Occupational Safety & Health Review Commission (“OSHRC”) and may not be reviewed by any court or agency. READ MORE

Indemnification Clauses Remain Among Most Dangerous In Any Contract

Past experiences prove that indemnification clauses can be among the most dangerous terms in a design professional’s contract. An indemnity contract arises when a design professional takes on the obligation to pay for any loss or damage that has been or might be incurred by another individual such as an owner, contractor, or subcontractor. Unfortunately, that same past experience tells us these indemnification clauses often are misunderstood or misconstrued by both parties. Additionally, non-specific indemnification language can lead to enormous, unintended exposure for the design professional. Typically, indemnification clauses are governed by state law. And each state’s law of indemnity is

Robert Chadwick Selected to CLM Leadership Position

Effective May 1, 2017, Robert Chadwick has been selected to serve as Director of Events for the Greater Dallas Chapter of the Claims & Litigation Management Alliance (CLM). CLM is the largest professional association in the insurance industry with a membership of more than 35,000 professionals in the claims resolution and litigation management industries. From 2013-2015, Mr. Chadwick was a member of the Professional Liability Editorial Board of the Journal of American Law, previously published by CLM. Since its formation in 2015, Seltzer Chadwick Soefje, PLLC has been actively involved in CLM both as a sponsor and participant in local and national events. The firm looks forward to continuin

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