Employment Law Letter

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...

On April 25, 2024, attorneys general from 17 states filed a lawsuit in federal court against the Equal Employment Opportunity Commission (EEOC) seeking to stop the implementation of the Pregnant Workers Fairness Act’s...

Legions of office workers have been skipping the commute for a few years now, working remotely in the comfort of their homes and relying on technology to keep them connected to their colleagues. Especially during the...

A TV host resigned because her employer didn’t respond when she complained about her cohost’s behavior. After her cohost was fired a few months later, she sued. During the pretrial fact-finding stage (discovery), the...

On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued its final version of the Enforcement Guidance on Workplace Harassment to include developments “answering the call” of the #MeToo movement; the...

On April 12, 2024, the U.S. Supreme Court (SCOTUS) provided guidance on the transportation worker exemption under Section 1 of the Federal Arbitration Act (FAA), unanimously holding that a worker doesn’t have to work in...

On April 23, 2024, the Federal Trade Commission (FTC) voted 3 to 2 to issue a new rule that will dramatically affect employers that use noncompete agreements to protect their business interests. Answering questions about...

How does an employee prove discrimination to get to a jury? The Texas Supreme Court has agreed to answer this question, and they’ll make a choice between pretext alone versus pretext plus something more. Read on. Big...

On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 to implement a total ban on noncompete agreements for nearly all workers across the country. Noncompete agreements generally prohibit workers from moving to...