HR Alerts

Reverse discrimination claims boosted by Supreme Court

by Paige Good and Harrison Kosmider, McAfee & Taft

Jun 06, 2025 · HR Alerts · California · New York · Texas · Great Lakes · Illinois · Indiana · Michigan · Ohio · Wisconsin · Mid-Atlantic · Delaware · Maryland · New Jersey · Pennsylvania · Virginia · Midsouth · Kentucky · North Carolina · South Carolina · Tennessee · West Virginia · Midwest · Arkansas · Kansas · Missouri · Oklahoma · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming · New England · Connecticut · Maine · Massachusetts · New Hampshire · Rhode Island · Vermont · Southeast · Alabama · Florida · Georgia · Louisiana · Mississippi · Upper Midwest · Iowa · Minnesota · Nebraska · North Dakota · South Dakota · West · Alaska · Arizona · Hawaii · Nevada · Oregon · Washington

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Analysis

True or false: Opposing discrimination gives green light for employee misconduct

Here’s an urban myth: An employee who opposes potential employer discrimination must be treated with kid gloves after complaining. The U.S. 5th Circuit Court of Appeals (whose rulings cover Texas employers) recently...

Feb 28, 2023 · Employment Law Letter · Texas

Texas employer dodges wrongful death lawsuit

Companies can only make money through employees. So far, so good. But when is a company on the hook for harm to others caused by the actions of its employees? The Texas Supreme Court recently chimed in on this issue in a...

Feb 28, 2023 · Employment Law Letter · Texas

Texas Supreme Court to consider protections for obese employees

The Texas Supreme Court will hear an employer’s appeal from the El Paso Court of Appeals that extended the protections of the Texas Commission on Human Rights Act (TCHRA) to obese employees. The El Paso appeals court...

Feb 28, 2023 · Employment Law Letter · Texas

When laying off H-1B visa holders, the clock is ticking

Q We are planning to lay off about 20 employees, and one of the affected workers has a sponsored H-1B visa. Are there specific requirements we need to follow. Employers planning on laying off workers who have H-1B visas...

Feb 28, 2023 · Employment Law Letter · Great Lakes · Illinois · Indiana · Michigan · Ohio · Wisconsin · Mid-Atlantic · Delaware · Maryland · New Jersey · Pennsylvania · Virginia · Midsouth · Kentucky · North Carolina · South Carolina · Tennessee · West Virginia · Midwest · Arkansas · Kansas · Missouri · Oklahoma · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming · New England · Connecticut · Maine · Massachusetts · New Hampshire · Rhode Island · Vermont · Southeast · Alabama · Florida · Georgia · Louisiana · Mississippi · Upper Midwest · Iowa · Minnesota · Nebraska · North Dakota · South Dakota · West · Alaska · Arizona · Hawaii · Nevada · Oregon · Washington

Cutting two-week notice short could affect employee’s final pay

Q An employee resigned with a two-week notice, but we chose to make it effective immediately. Is it still considered voluntary? Yes and no. How is that? Seriously, yes, the separation should still be considered voluntary...

FTC sues employers over noncompete agreements

Many employers use noncompete agreements as a standard part of their employment agreements. The Federal Trade Commission (FTC) has now announced it wants to ban noncompetes and is pursuing litigation over their use...

FTC proposes a new regulation that kicks noncompetes to the curb

On January 5, 2023, the Federal Trade Commission (FTC) issued a notice of proposed rulemaking that would ban almost all noncompete agreements. Employers will need to act quickly to prepare for this major change. Overview...

Firefighter who allegedly dealt drugs done in by lying

In a real-life example of the old adage that you might get in trouble for doing something bad but you’ll likely get in more trouble for lying about it, an arbitrator recently upheld the termination of a firefighter who...

Appellate court sides with employer in dispute over noncompete agreement

In a win for employers, the Connecticut Appellate Court recently reversed a trial court’s decision that an employer couldn’t enforce a noncompete clause signed by an employee. Facts Joseph Schimenti worked for Schimenti...

Making employee’s intention to quit effective immediately

An employment relationship may be ended in a variety of ways with different legal consequences, so it’s important to accurately determine the method by which it’s terminated. An involuntary termination (i.e., the...

Upon reevaluation, service dog accommodation revoked as ‘unworkable’

With increasing frequency, employees ask to bring animals to work. Under some circumstances, the Americans with Disabilities Act (ADA) recognizes the presence of a bona fide service animal in the workplace can be a...

Avoiding FMLA mishaps

We all know the Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid medical leave to care for a serious medical condition of the employee or the employee’s family member. Despite...

Omnibus spending bill adds protections for pregnant workers

The Pregnant Worker’s Fairness Act (PWFA) was enacted at the end of 2022 as part of the omnibus spending bill for fiscal year 2023 and is set to go into effect on June 27, 2023. It was added to the spending bill without...

Employers: Understand income tax issues brought by ‘digital nomads’

The COVID-19 pandemic changed the employer and employee relationship forever. Prior to 2020, remote work opportunities were the exception, not the rule. In the post-COVID era, many employers have transitioned their...

Employee’s internal complaints constitute protected activity under VOSHA

In a Vermont Occupational Safety and Health Act (VOSHA) retaliation case, the U.S. District Court of Vermont ruled in favor of an employee and denied their former employer’s request for dismissal of the claim. This is a...