Employment Law Letter

Recently, the U.S. 5th Circuit Court of Appeals (the federal appeals court covering Texas) applied a commonsense definition of “fundamental”—a key word in the Americans with Disabilities Act (ADA). Visually impaired...

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) issued guidance clarifying how diversity, equity, and inclusion (DEI) initiatives intersect with Title VII of...

Remember the fast-food commercial from the 1980s? The tag line criticized a competitor with an irate customer looking at their puny burger and asking, “Where’s the beef?” I thought about this ad after reading a new case...

Under the Biden administration, the National Labor Relations Board (NLRB) was aggressive in implementing employee- and union-friendly decisions and interpretations of the National Labor Relation Act (NLRA). Within a week...

In light of the Trump administration’s stance on immigration, Immigration and Customs Enforcement (ICE) audits have become a significant concern for employers across the United States, especially in Arizona. Regardless...

Sometimes you come across a case with multiple key lessons, and the U.S. 10th Circuit Court of Appeal’s recent oral argument session in the case of Sharpe-Miller v. Walmart, Inc., has proved to be such a treasure trove....

A deal is a deal—that’s a Texas value. This principle was reaffirmed in a recent case out of Austin that went to the U.S. 5th Circuit Court of Appeals, the federal court of appeals covering Texas. Go broad or go home...

For the past 60 years, Title VII of the Civil Rights Act of 1964 has required employers to prevent, investigate, and remedy antisemitism. As the Equal Employment Opportunity Commission (EEOC) notes, discrimination...

The COVID-19 pandemic created unique circumstances for addressing common employment problems. Do vaccination mandates invade an employee’s privacy? Must an employer except a medical exemption from a vaccination, and is a...

There’s a lot in the news about confidential information that finds its way into the wrong hands. We’ve seen it in group chats, unencrypted emails, and documents kept in garages and bathrooms. It happens a lot during...

At the end of February 2025, the U.S. Supreme Court heard oral arguments in an employment discrimination lawsuit that focused on a reverse discrimination claim under Title VII of the Civil Rights Act of 1964. Although...

Q If an employee caused damage to a customer’s vehicle, can we deduct the cost from the employee’s paycheck without special consent? Although there isn’t a Mississippi law governing this question, the federal Fair Labor...

Q We have an employee who recently passed away. He wasn’t married, didn’t have a will, and didn’t have company life insurance or death benefits. How do we handle his final paycheck? Do we continue with our regular...

Employers nationwide have spent considerable time and effort preparing for one of the most competitive H-1B visa seasons yet. From 12 p.m. Eastern Time (ET) on March 7 to 12 p.m. ET on March 27, employers were able to...

Whether a company is a start-up, in growth mode, or looking to hire out-of-state workers, it may face a dilemma about whether to bring on a new worker as an employee or an independent contractor. That distinction is...