A recent jury award out of Philadelphia got me thinking about reverse discrimination and a case from 2019. Although neither case is from Texas—and the 2019 case involves a university—the lessons are applicable in Texas...
Employment Law Letter
The Family Medical Leave Act (FMLA) is riddled with all sorts of employer obligations and therefore with all sorts of potential violations. Recently, TCU gave a seminar on dodging an FMLA interference claim. FMLA...
The U.S. 5th Circuit Court of Appeals (the federal appeals court covering Texas) recently gave a green light to a dress code rule at a Telsa facility manufacturing electric cars. Read on. Dress for success The Telsa...
Even if you're not a sports fan, you've likely heard of this severance payout received by former A&M football coach, Jimbo Fisher. While you will never deal with this type of buy-out, the saga teaches us a great deal...
Employers know the Americans with Disabilities Act (ADA) requires them to engage in an “interactive process” with employees seeking a reasonable accommodation. Recently, the U.S. 10th Circuit Court of Appeals—the federal...
California has created another new right for employees to take leave to grieve loss. As of January 1, 2024, the state will require employers with five or more employees to provide eligible employees up to five days of...
A requirement for health plans passed by Congress in 2021 becomes effective as of December 31, 2023. Read on for more information. No more gags The Consolidated Appropriations Act (CAA) of 2021 prohibited “gag clauses”...
Recently, the National Labor Relations Board (NLRB) issued its final rule on the joint-employer standard under the National Labor Relations Act (NLRA). This new rule, originally set to go into effect December 26, 2023...
Arizona employers seeking to safeguard proprietary information through confidentiality agreements or nondisclosure agreements (NDAs) must tread carefully to ensure enforceability. Failing to construct these agreements...
The National Labor Relations Board (NLRB) has made it easier for multiple companies to qualify as joint employers that share liability for labor law violations and legal obligations to negotiate with unions under a new...
The holiday season is generally a time for celebration. However, employers should be particularly vigilant in their efforts to mitigate risk for employment claims. Below are some issues to keep in mind. Reducing risk at...
Effective January 2024, long-term, part-time employees will become eligible to contribute pre-tax earnings to 401(k) plans. Read on to learn more. Facts This is a change from current rules which give employers the option...
Q We have part-time employees who work experiential events in a big city. Sometimes these events are cancelled at the last minute. Is there a mandated law/policy regarding payment if an event is cancelled upon arrival...
A recent decision by the New York State Supreme Court, County of Monroe (Rochester, New York), is a strong reminder of the continuing vitality of New York’s faithless servant doctrine. Background Under the faithless...
Q Minimum wage is going up to $17.20 per hour for federal contractors on January 1, 2024. Does this require interns to be paid at the federal minimum wage rate, as well, or are they an exception? As with most legal...