Employment Law Letter

The National Labor Relations Board (NLRB) recently expanded the reach of claims based on the protected concerted activity of employees. This claim applies to all Texas employers, regardless of their union status. It...

The National Labor Relations Board (NLRB) recently expanded the reach of claims based on the protected concerted activity of employees. This claim applies to all Texas employers, regardless of their union status. It...

Here’s a tale from the U.S. 5th Circuit Court of Appeals (whose rulings apply to all Texas employers), which told a Texas trial court that it erred in dismissing a Family and Medical Leave Act (FMLA) retaliation lawsuit...

After a furious lobbying campaign by New York employers and business groups, Governor Kathy Hochul vetoed a bill in late December 2023 that would have banned virtually all employee noncompete agreements in New York State...

2024 brought with it a few new posting and notice requirements for employers in New York State, keeping employees informed about the state’s new minimum wage rates and providing them with a record of employment when...

The National Labor Relations Board (NLRB) adopted a new standard for evaluating joint employers that takes effect February 26, 2024. The rule greatly expands when two or more entities may be considered joint entities. As...

In the upcoming months, the U.S. Supreme Court will decide whether lateral job transfers, with no change in pay or benefits, violate federal civil rights law if done for discriminatory reasons. Circuit split headed for...

As 2023 wound down, the use of artificial intelligence (AI) by employers showed no sign of slowing down. Rather, you should prepare for an increased use and presence of AI in employment decision-making, as well as...

Employers often hear repeated recommendations to have detailed written policies and to ensure those policies are followed. Typically, you can overcome significant consequences by consistently enforcing your policies and...

I’ve previously written about the Rudy Giuliani defamation lawsuit and applicable lessons. The jury’s total verdict against Rudy G. was $148,000,000, including $75,000,00 in punitive damages—a whopper for sure. This is...

The Fair Labor Standards Act (FLSA) requires employers to pay overtime to nonexempt employees based on their regular pay rate and the number of hours worked in a workweek. While this sounds straightforward on paper...

Do you have any idea how long I’ve waited for the chance to use the term “meatheads” in the headline of an article? Thanks to an Equal Employment Opportunity Commission (EEOC) age discrimination lawsuit against a moving...

On October 27, 2023, two individuals represented by attorney Melanie Wilson Rughani of the Oklahoma-based law firm Crowe & Dunlevy filed Initiative Petition No. 446, which proposes a dramatic increase in Oklahoma’s...

As you look back on 2023 and ahead to 2024, there are so many compliance-related items to consider relating to your employee benefit plans. The rules you’re supposed to comply with keep growing and growing—they seem like...

Notice of void non competition clauses. As you know, most noncompete agreements in California are unlawful and unenforceable. Nonetheless, some employers have used a tactic of maintaining unenforceable noncompete...