Employment Law Letter

One of the hardest things for employers is being accused of wrongdoing and, rather than reacting defensively, flipping it to their advantage. For an example of how to do so, let’s look to the University of Houston (UH)...

A mostly unanimous U.S. Supreme Court has ruled that a National Labor Relations Board (NLRB) request for preliminary injunctive relief while unfair labor practice charges are pending is to be evaluated by the same...

On April 15, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued a press release indicating that its Pregnant Workers Fairness Act (PWFA) regulations would be published in the Code of Federal Regulations...

Employers are looking to save time and money and are turning to artificial intelligence (AI) to make employment practices more efficient. In early 2024, the U.S. Department of Labor (DOL) issued guidance to help...

Conventional wisdom says firing an employee is one of the more difficult decisions for managers and HR. Unconventional wisdom says to think differently. Read on. Thought No. 1: Fire sooner, not later When a new employee...

The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations to qualified individuals with a disability. When employees request an accommodation, employers are required to engage in...

On July 3, 2024, the U.S. District Court for the Northern District of Texas issued a preliminary court order halting enforcement of the Federal Trade Commission’s (FTC) final rule prohibiting noncompete agreements for...

Q We offer several free payroll options, including direct deposit and a payroll card that doesn’t charge a fee to withdraw wages. Our payroll vendor charges us $20 to mail checks. Can we pass that fee on to the employee...

The U.S. Supreme Court’s landmark case Loper Bright Enter., et al. v. Raimondo, et al. (issued on June 28, 2024) signals a seismic shift in employment law, dismantling federal agencies’ long-standing authority under...

Q We have an employee who was summoned for jury duty. Do we, as an employer, have to pay them for the days they’re missing work? Jury duty is an unavoidable but important part of our legal system. It is also time...

Ever hear the expression “loose lips sink ships”? It comes from WWII and was plastered on posters in port cities, warning that gabbing about the sailing times of vessels carrying materials and soldiers would endanger...

In recent months, many employers have faced increased scrutiny of and challenges to their diversity, equity, and inclusion (DEI) initiatives, including claims that the programs amount to “reverse discrimination.” In a...

A federal district court in Minnesota recently ruled the Minnesota Human Rights Act (MHRA) didn’t apply to an employee who lived outside Minnesota and previously traveled to the state occasionally for work, even though...

On April 23, 2024, the Federal Trade Commission (FTC) issued a final rule banning noncompete agreements for almost all employees of for-profit employers after concluding that noncompete agreements are unfair methods of...

A recent case from the Corpus Christi Court of Appeals is good news for Texas employees and a warning for Texas employers when it comes to disability discrimination claims. Conflict with supervisor Heriberto De Leon didn...