On June 30, 2014, the United States Supreme Court issued a ruling which held that a closely held, for-profit entity can object to certain aspects of the birth control mandate imposed by the Patient Protection and Affordable Care Act by invoking the Religious […]
The National Labor Relations Board created a stir last week when it announced that it intends to hold McDonald's USA responsible for its franchisees’ violations of employment law. The announcement has created concern and consternation among businesses […]
In Texas, criminal background checks are generally limited to a seven (7) year review period. However, Texas Business and Commerce Code § 20.05 provides an exception if an applicant is applying to a job with an annual salary that exceeds or should […]
Employers must treat severance payments to involuntarily terminated employees as taxable wages. In an 8-0 opinion, the Supreme Court held that such payments are "remuneration for employment" for which taxes much be withheld and paid under the Federal […]
It may be time to reassess what are widely considered to be standard provisions in your severance agreements. One of the EEOC’s latest initiatives is to target fairly routine provisions in severance agreements, including non-disparagement, non-disclosure […]
Employers have several things to consider when deciding whether to pursue an employee for violating her non-compete agreement. Among the legal considerations is whether the employer will be able to recover its attorneys' fees. When an employee breaches […]
On June 13, 2013, Governor Rick Perry signed H.B. 1188, codified under Texas Civil Practice & Remedies Code § 142.001, et seq., that is designed to limit claims against employers for negligent hiring and supervision of employees. Pursuant to § […]
In Texas, non-compete reasonableness restricts an employee’s ability to compete against her former employer must comply with the Texas Business and Commerce Code Section 15.50(a). Aside from being ancillary to or part of an otherwise enforceable […]
On March 26, 2014, Peter Sung Ohr, the National Labor Relations Board’s (“NLRB”) Regional Director in Chicago, ruled that football players at Northwestern University were properly classified as employees of the University and, therefore, had the […]
It's not just your own employees that can get you sued for harassment. An employer can be sued for sexual third party harassment arising out of conduct committed by customers, suppliers, joint venturers, and other third parties that interact with their […]
On April 1, 2014, the National Labor Relations Board (NLRB) issued an order that an employer’s rules prohibiting employees from making negative comments about fellow employees and requiring employees to positively present the employer violated the […]
The National Institute for Occupational Safety and Health (NIOSH) defines workplace violence as "violent acts (including physical assaults and threats of assaults) directed toward persons at work or on duty." Violent crime in the workplace has become […]