Putting tact aside, many employees ask their co-workers how much they get paid. And for a variety reasons, many employers discourage their employees from disclosing or sharing wage or salary information with their co-workers. Some employers still have […]
Momentum is building for an increase in the federal minimum wage, with the only remaining questions being "How much?" and "How soon?" President Obama called upon Congress in this year's State of the Union speech to raise the federal minimum wage. […]
The Americans with Disabilities Act ("ADA") requires an employer to make reasonable accommodations for an employee that has a disability. In 2008, Congress enacted the ADA Amendment Act of 2008 ("ADAAA"), which broadened the definition and the scope […]
In 2008, Congress amended the Americans with Disabilities Act ("ADA"), expanding the definition and the scope of the term "disability" under the ADA. Courts are now required to construe the term "disability" broadly and to provide coverage to the maximum […]
The 2014 NCAA Men's Division I Basketball Tournament, affectionately referred to as "March Madness," begins today. The NCAA Tournament garners millions of viewers and advertising dollars. Along with March Madness comes office betting pools related […]
It is very common to include a provision in a settlement agreement that the terms of the settlement shall remain confidential. Employers have an obvious interest in not making this information readily known to other current and prospective employees […]
In 2012, the Texas Supreme Court rendered an important decision that has the potential to expand an employer's liability for wrongful termination of employees in Texas. Texas is an at-will employment state where employers have the ability to terminate […]
The first step related to investigating a complaint of harassment is to determine who should undertake the investigation. The person selected to conduct the investigation should be credible, empathetic yet firm, in a neutral position, familiar with […]
A young female employee walks into the office of the Director of Human Resources and states that her older, male supervisor recently made inappropriate sexual remark to her. What does the company do now? The employer should immediately develop a […]
One of the most frequently litigated areas in Texas is the utilization or dissemination of trade secrets by a departing employee. There are two basic scenarios. One is where the employee actually took with him certain confidential information of […]
Article 15 of the Texas Business and Commerce Code is generally referred to as the Covenants Not to Compete Act. The Act has governed covenants not to compete in Texas for over 20 years now. However, a few opinions issued by the Texas Supreme Court […]
There is a nasty rumor going around. The rumor is that in Texas, non-compete agreements are not enforceable. Believing this rumor could get employees and those companies that hire employees with non-compete agreements in hot water. The truth […]