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Christmas came early for one former employee when, on December 19, a Dallas jury awarded her a multimillion dollar verdict for a breach of an employment contract. Read on. Dem dry bones Andrea C. Avellan went to work at...

From pay transparency to remote work, employees are increasingly vocal about working conditions both in the office and online. The National Labor Relations Act (NLRA) protects employees—union and nonunion alike—when they...

In a new wave of lawsuits filed under the Employee Retirement Income Security Act of 1974 (ERISA), four employers were sued during the recent holiday season for allegedly breaching ERISA fiduciary duties regarding their...

Over the past year, I’ve responded to several “Notice of Payment Compliance Complaints” from the Industrial Commission of Arizona (ICA), the state agency responsible for enforcing Arizona wage payment compliance. These...

Here’s a case that presents retaliation basics in Texas. By basics, I mean what it is that you screen in looking for a way to dismiss a discrimination charge or a lawsuit. Let’s look at a few facts Kelli Smith worked as...

The Frank Sinatra song “My Way” popped into my head as I was reading a case from the Houston area, where an employee argued her pregnancy must be the reason for her termination because her performance was excellent (if...

In Ames v. Ohio Department of Youth Services, the U.S. Supreme Court, in a rare unanimous employment opinion, held that placing an additional evidentiary burden on majority group plaintiffs was inconsistent with Title...

On December 2, 2025, the Department of the Treasury and the Internal Revenue Service issued a notice of proposed rulemaking regarding the new “Trump accounts,” which were created by the One Big Beautiful Bill Act. The...

Artificial intelligence (AI) use is now pervasive, and the era of AI-generated employee communication has arrived. Employers are increasingly encountering emails and letters that feel a little too polished, unusually...

In a significant published opinion, the U.S. 10th Circuit Court of Appeals (whose rulings apply to employers in Oklahoma and Kansas) recently affirmed summary judgment (dismissal without a trial) in favor of a McAfee &...

Q An employee is requesting to use Family and Medical Leave Act (FMLA) leave to care for her brother, who’s in the hospital in critical care. He isn’t a service member, and she’s neither his caregiver nor in loco...

The U.S. Department of Homeland Security (DHS) has issued Weighted Selection Process for Registrants and Petitioners Seeking to File Cap-Subject H-1B Petitions, a final rule that significantly reshapes how H-1B cap...

A new era began in Texas on September 1, 2025, when House Bill (HB) 4623 took effect. The Texas law stripped school districts and most of their employees of immunity from lawsuits for sexual misconduct. Who is covered...

During a recent round of labor negotiations, a union proposed the following language regarding artificial intelligence (AI): “Artificial Intelligence shall not be utilized in any manner that displaces, diminishes, or...

A significant element in proving an age discrimination claim in Wisconsin is that the claimant is 40 years old or older. With Wisconsin’s median age hovering right above 40, employers should be mindful of the rights of...