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Law In The Workplace

Severance Payments to Terminated Employees are Taxable Wages

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 […]

Michael A. Logan

EEOC Puts Severance Agreements In Its Crosshairs

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 […]

Statutory Limitations on Claims for Negligent Hiring and Supervision

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 § […]

The Non-Compete Reasonableness Requirement

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 […]

Richard L. Hathaway

Potential Liability for Third Party Harassment

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 […]

Workplace Violence: 5 Steps to Avoid Legal Liability

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 […]

Michael A. Logan

Discussing Wages: "So, how much do you get paid?"

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 […]

Is Your Business Ready For a 40% Increase in Minimum Wage?

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.  […]

Is Anxiety a Disability under the ADA?

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 […]