by Paige Good and Harrison Kosmider, McAfee & Taft
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The landscape surrounding nonsolicitation agreements is undergoing significant transformation, driven in large part by recent actions and interpretations from the National Labor Relations Board (NLRB). At the heart of...
Q If we have a drug-free workplace policy and implement random testing, can we fire an employee who tests positive even if the employee simply used marijuana outside the workplace and wasn’t impaired? The short answer is...
In August, the U.S. Supreme Court upheld an injunction to the Department of Education’s recently issued rule implementing Title IX of the Education Amendments of 1972. Title IX prohibits sex-based discrimination in any...
As we find ourselves in the last half of 2024, we felt it was right to go back to the basics for those navigating the complex landscape of employment law. Understanding these laws helps to protect your business from...
One of the nightmares of HR professionals is to be told about a workplace problem “privately as a friend.” Whether something is an informal chat between friends or public notice of a problem is very hard to determine...
In a recent decision, the California Supreme Court takes an in-depth look at legislative history to dissect whether a county hospital authority entity can be liable for meal and rest period violations under the labor...
The current National Labor Relations Board (NLRB) under President Joe Biden has been heavily involved in moving forward the administration’s prolabor goals. But as the Biden administration draws to a close, the Board...
With its 2024 Loper Bright decision, the U.S. Supreme Court rejected the long-standing doctrine of Chevron deference, under which courts deferred to federal agencies’ interpretation of a statute when the text was...
The annual National Industry Liaison Group (ILG) Conference was held in Orlando this year from July 29 through August 1. While there wasn’t much new because it’s an election year, here are a few highlights: Acting Office...
The recent Supreme Court decisions eliminating Chevron deference and granting presidents all-but blanket immunity have prompted responses from Congress, both to support and invalidate the rulings. No Kings Act In...
The Equal Employment Opportunity Commission (EEOC) is considering a furlough for all the agency’s staff for a day in late August to stay under its operational budget. On July 30, 2024, EEOC Chair Charlotte Burrows...
In February 2023, Derek Mobley filed a proposed class action lawsuit against HR software developer Workday, Inc., in the U.S. District Court for the Northern District of California, alleging discriminated in hiring based...
We have lived through a few weeks none of us has ever experienced: an assassination attempt on a former president who is a current candidate; a presidential withdrawal from the campaign; a Black-South Asian woman as...
On August 2, the U.S. 5th Circuit Court of Appeals (the federal appeals court covering Texas) asked the Texas Supreme Court to consider whether the Texas Labor Code preempts—that is, displaces and requires dismissal...
Yes, I know artificial intelligence (AI) is a big deal. But let’s not forget that old school still works. Recently the U.S. 5th Circuit Court of Appeals (which covers Texas) rejected a special AI rule for written briefs...
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