The Texas Supreme Court recently agreed to hear oral arguments in a case closely watched by the business community, given that the Court is expected to provide guidance on how a company can protect its trade secrets that are at issue in an injunction […]
When it comes to the enforceability of non-compete agreements in Texas, misconceptions and half-truths are abound. Whether I am having a conversation with a lawyer that dabbles part time in non-compete agreements or a friend calling and asking me to […]
Common wisdom states that private-sector employees have no free speech rights – but this perception is rooted only in First Amendment law. The truer statement is that employees’ First Amendment free speech rights may be limited by the employer, but […]
Director AJ Johnson's latest post on Energy Law Today focuses on the upcoming overtime regulations by the Department of Labor.
Under the Americans with Disabilities Act (“ADA”), employers are required to provide reasonable accommodations (or changes to the employee’s workplace or job) to employees with disabilities. To effectuate such accommodations, employers are required […]
Class action lawsuits relating to background checks of applicants and current employees are a very hot area among plaintiff's employment lawyers. The number of Fair Credit Reporting Act (FCRA) lawsuits has proliferated significantly over the past couple […]
Syracuse University’s Transactional Records Access Clearinghouse (“TRAC”), a research center established in 1989 to obtain detailed information regarding various filings at federal agencies, recently released data concerning the number of overtime […]
One of the most significant employment law risks currently facing employers are collective action lawsuits brought by current or former employees claiming they were not paid overtime. These lawsuits are often the result of misclassifying employees as […]
If your company uses pre-employment tests to screen individuals in an attempt to find the best candidates during the interview process, then Target Corporation's payment of $2,800,000 to the EEOC might catch your attention. The EEOC announced yesterday […]
The Family Medical Leave Act ("FMLA") provides eligible employees with up to 12 weeks of unpaid and job protected leave.[1] During the course of the FMLA leave, employees are entitled to maintain group health benefits in the same condition as if the […]
Does your company use unpaid interns? If it does, you may be surprised to learn that your company may have to pay them after all. For years employers relied on the Department of Labor’s (“DOL”) “Intern Fact Sheet” when categorizing […]
On July 15, 2015, the U.S. Department of Labor (“DOL”) issued guidance regarding the proper classification of workers as either employees or independent contractors for purposes of complying with the Fair Labor Standards Act (“FLSA”). The FLSA […]