by Paige Good and Harrison Kosmider, McAfee & Taft
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The U.S. 5th Circuit Court of Appeals (which covers Texas, Louisiana, and Mississippi) recently gave a booster shot to the viability of certain tort claims in Texas. A tort claim is a civil wrong committed by one person...
Discovery is the process by which each side in a lawsuit gets to know, before a trial, the knowledge possessed by the other side. And, sometimes, this knowledge will be shaped and offered at a trial. A new Texas Supreme...
Texas law protects public employees who “blow the whistle” on their government employer. But over the last several years, the Texas Supreme Court has interpreted the statute to limit its reach, remove its remedies, and...
Q For nonexempt, hourly employees who don’t have access to the time clock during the day (they are delivery drivers), how should we handle their meal breaks? Can we automatically deduct 30 minutes from their hours? There...
Interest continues to grow in programs that allow workers to access at least part of their pay ahead of their regular payday. Surveys consistently show that on-demand pay—often called earned wage access (EWA)—is a...
Employers have long used employee monitoring techniques to understand what workers do all day. Reasons for monitoring run the gamut from keeping an eye out for thieves and slackers to discovering ways to improve...
Ordinarily, employees are to be paid whenever they reach the end of employment. But for a temporary services employee, how are they told of that ending? And does that occur at the end of every assignment? A specific...
After an Orange County nightclub employee complained she was owed unpaid wages, her boss fired her, ordered her to leave and never to return, and threatened to report her to immigration authorities. The California...
The timing of settlement agreements has always been tricky business. You have to provide some time to consider it, a length sometimes set by statute at 21 or 45 days. But you also can’t have it signed too early and run...
Religion holds a special place among state and federal constitutional rights, and nowhere do religious rights hold more strongly than in the right to hire and fire ministerial employees. Employment decisions regarding...
An employee of Cedars-Sinai Medical Center didn’t want to get a flu vaccine and obtained a physician’s certification that exempted her from the requirement. Her employer’s internal exemption review committee denied the...
I have had to deal with a shooting at a client’s place of business (there are legal and HR responsibilities I never imagined). I have had to have a security guard monitor a client’s foyer in the face of threats. More...
At the recent American Bar Association (ABA) meeting, Equal Employment Opportunity Commission (EEOC) Chair Charlotte Burrows indicated the agency would be issuing new guidance in the near future. In a session on March 29...
The Biden administration is defending the Trump-era overtime rule in the Western District of Texas in an attempt to quash a lawsuit claiming Congress never delegated the broad authority to the Department of Labor (DOL)...
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