Employment Law Letter

We have been reminding you for the past eight months of the new California Labor Code sections 6401.7 and 6401.9 creating a July 1, 2024, deadline to have your workplace violence prevention program in place. This...

Fruit farm Ayoquezco Farms, Inc., and its owner, Juan Rafael Cruz, agreed to pay $100,000 to settle a sex harassment and discrimination lawsuit filed by the California Civil Rights Department (CRD) and former employee...

Q We provide laptop computers to all our personnel. Many employees damage them during employment or return them with damage upon leaving employment. What are our options for recouping from employees the costs of...

Last year, the Federal Trade Commission (FTC) issued a proposed rule to ban most noncompete agreements nationwide, with very limited exceptions. The sweeping rule forbids any contractual term between an employer and a...

The U.S. District Court for the Eastern District of Texas has issued an aggressive scheduling order that “should allow prompt resolution of” one of the initial challenges to the Federal Trade Commission’s (FTC)...

Q When crafting a severance agreement, should you follow the guidelines of the state the employee resides/works in or the state where the company is incorporated? The answer depends on a number of factors. Often...

Recently, the Texas Supreme Court set aside a verdict against an employer when the plaintiffs’ lawyer made appeals to racial prejudice and gender bias during the trial. Car crash An employee of New Prime Inc. rear-ended...

To add to a very busy two weeks of employment law developments, on April 15, 2024, the Equal Employment Opportunity Commission (EEOC) issued its final rule and interpretive guidance to implement the Pregnant Workers...

Can an employee sue under Title VII of the Civil Rights Act of 1964 to challenge a lateral transfer, even if the transfer doesn’t result in a loss of pay? According to a recent U.S. Supreme Court decision, the answer is...

Recently, the U.S. 5th Circuit Court of Appeals (whose rulings apply to all Texas employers) reaffirmed its commitment to the principle that no Family and Medical Leave Act (FMLA) claim exists unless the employee gives...

As a child, I loved listening to the radio. I still do. All sorts: sports radio, talk, interview programs, NPR. And it was on NPR that I listened to an interview by emerging scholar Marina Gertsberg on her new research,...

Merger and acquisition (M&A) transactions are complex endeavors involving various legal, financial, and operational considerations. Among these considerations, labor and employment law and regulations play a crucial role...

Q When crafting a severance agreement, should you follow the guidelines of the state the employee resides/works in or the state where the company is incorporated? Before addressing the specific question about which state...

No other technology today has the level of hype artificial intelligence (AI) has. Countless news articles, blog posts, and videos have predicted everything from drastic changes in the workplace to the complete...

The U.S. 5th Circuit Court of Appeals (whose rulings apply to Texas employers) recently issued an opinion identifying the key element of reasonable accommodation and retaliation claims. What do you think it is? As you...