The U.S. 5th Circuit Court of Appeals (which covers all Texas employers) just gave us an important reminder about how to defeat the increasingly popular claim of retaliation under Title VII of the Civil Rights Act of...
Employment Law Letter
President Donald Trump has emphasized immigration enforcement and implementation of “hire American” policies that will present challenges to an employer’s ability to hire and retain foreign talent. As expected, the...
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...
As the Trump administration focuses its priorities, employers need to be aware of several new, proposed, and potential changes to workplace laws, regulations, and federal agency enforcement initiatives. Here is a preview...
In 2025, you’d think I wouldn’t have to write that headline, but I do. A recent case from the U.S. 5th Circuit Court of Appeals (our federal appeals court over Texas) laid down the law once again and made it easier for...
The rise in work-from-home arrangements has caused some employees to feel they’re always on the job. Without a distinction between the workplace and home and a universally defined quitting time, the lines between work...
It didn’t take long into the second Trump administration to get a glimpse of what the federal administrative agencies may look like, at least for the near future. Here’s what we’ve seen so far. Secretary of labor The...
On January 7, 2025, the U.S. 4th Circuit Court of Appeals (whose rulings apply to employers in West Virginia, North Carolina, and South Carolina) found that a student-athlete pleaded a viable sexual harassment claim by...
The Uniformed Services Employment and Reemployment Rights Act (USERRA) prohibits employment discrimination and retaliation based on an employee’s military status or obligations. If an individual’s military status or...
Employers facing lawsuits or government investigations under the federal Fair Labor Standards Act (FLSA) must demonstrate that certain employees are exempt from the law’s requirements for minimum wage and overtime pay...
Employers aren’t required to pay nonexempt employees for the time they spend commuting between their home and work to begin their workday or after ending their workday. Travel time during the workday is often compensable...
Remote work sounds ideal to many in today’s workforce—no more frustrating commutes or distractions of a busy office. But the arrangement isn’t working out so well for others—those who feel lonely and disconnected. A...
Diversity, equity, and inclusion (DEI) programs have been a feature in American workplaces for decades. It’s no secret, however, that they have become the most recent target of criticism from a certain segment of the...
Despite a pending legal challenge, the initial deadline under Missouri’s new earned paid sick time (PST) law is looming, and employers should begin preparing now. Proposition A, which amended Missouri’s minimum wage and...
Q An employee who has been approved for intermittent Family and Medical Leave Act (FMLA) leave to care for his mother is asking for two days off to bring his mother to his cousin’s funeral in another state. Would this...