Dallas Austin

In anticipation of the upcoming 2025 Texas Legislative Session, bills are starting to be filed.  Just because a bill is pre-filed does not mean that it might ultimately be passed or even considered.  According to the Texas Construction Association, the following are some of the areas on which bills will be filed. Securing Reserved Funds/Retainage.   Increase security for reserved funds by amending the Construction Trust Fund Act to statutorily classify reserved funds as trust funds. Documents Incorporated by Reference into Construction Contract.  Amend the Business & Commerce Code to

Under Texas premises liability statute, Chapter 95 of the Texas Civil Practices and Remedies Code, when does a property owner have “actual knowledge” of a danger or condition that causes damages for which it is liable? The Texas Supreme Court case recently provided some guidance. In John Paniagua, et. al. v. Weekley Homes, Weekley hired Leobardo Maravilla, an independent contractor, to install siding and perform cornice work on townhomes in a residential development in Dallas. Leobardo’s work crew included his brother Jose Camerino Maravilla and John Paniagua. The project worksite includ

Who is entitled to protection, including overtime pay, under the Fair Labor Standards Act (“FLSA”)? In Guillermo Gray v. Killick Group, LLC, the 5th Circuit U.S. Court of Appeals recently held that a welding inspector was properly characterized as an independent contractor and not entitled to overtime or any other protections or benefits of the FLSA. How did the Court reach its decision? Guillermo Gray, a welding inspector, sued Killick Group, LLC (“Killick”) alleging that Killick violated the FLSA by not paying him wages and overtime. The suit was originally brought in state court but

Is a contract between an employer and employee to pay the employee a $100,000 bonus for delivering a healthy harvest of 1,400 pounds of recreational pot enforceable? The Houston Court of Appeals recently held, no. In BRCC Enterprises LLC v. Jesse Skie, Skie sued his employer, BRCC Enterprises LLC, for breach of an oral contract made in Houston under which BRCC agreed to pay Skie a $100,000 bonus upon the healthy harvest of 1,400 lbs. of dry cannabis crop. Skie moved from Houston to Oregon and obtained state licenses to work on a marijuana farm. Among other things, he fenced the two-acre plot,

What is the status of the Federal Trade Commission’s recent rule banning non-compete agreements as unfair competition? The United States District Court for the Northern District of Texas recently set aside the rule, preventing the rule from taking effect. As reported in a prior article, Ryan, Inc. and the US Chamber of Commerce filed suit to prevent the FTC’s non-compete ban from taking effect. On July 3, 2024, the Court granted a temporary injunction to prevent the rule from going into effect. On August 20, 2024, the Court granted Ryan’s and the US Chamber’s (now an intervenor in Ryan