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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 […]

March Madness for Employers: Prohibition of Operating a Betting Scheme

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 […]

Strictly Confidential - Yes, This Includes Facebook Too!

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 […]

A Primer on Covenants Not to Compete in Texas

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 […]

In Texas, are Non-Compete Agreements Enforceable?

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 […]

Richard L. Hathaway

Retaliation Claims on the Rise

While retaliation claims in employment matters were initially just tacked onto underlying discrimination claims, they are often the more challenging claims to overcome.  The Society for Human Resource Management reported that 2010 marked the first year […]

Employee Termination: Ten Steps to Remember

Texas is an employment at-will state.  Therefore, you would think that terminating an employee in Texas should be an easy proposition.  After all, you can terminate an employee for any reason, or no reason, as long as you are not doing so for an improper […]

Michael A. Logan