by Tammy Binford
The National Labor Relations Board’s (NLRB) new rule on joint employment puts more employers at risk of joint employer status, meaning they will bear more responsibility related to unionization, bargaining, and unfair labor practice charges.
Some of you use arbitration to resolve workplace disputes with your employees or are considering it. Here are two recent cases from the U.S. Supreme Court (SCOTUS) interpreting the Federal Arbitration Act (FAA) and/or...
The Pregnant Workers Fairness Act (PWFA) is now in effect, and both the statute and the regulations require you to think differently about how you manage workplace issues surrounding pregnancy and issues related to...
A recent jury award out of Philadelphia got me thinking about reverse discrimination and a case from 2019. Although neither case is from Texas—and the 2019 case involves a university—the lessons are applicable in Texas...
The Office of Federal Contract Compliance Programs (OFCCP) has had several very quiet years in fiscal year (FY) 2022 and FY2023. It was expected to issue updated regulations last year but did not. In FY2022, the agency...
The Family Medical Leave Act (FMLA) is riddled with all sorts of employer obligations and therefore with all sorts of potential violations. Recently, TCU gave a seminar on dodging an FMLA interference claim. FMLA...
The U.S. 5th Circuit Court of Appeals (the federal appeals court covering Texas) recently gave a green light to a dress code rule at a Telsa facility manufacturing electric cars. Read on. Dress for success The Telsa...
Even if you're not a sports fan, you've likely heard of this severance payout received by former A&M football coach, Jimbo Fisher. While you will never deal with this type of buy-out, the saga teaches us a great deal...
Employers know the Americans with Disabilities Act (ADA) requires them to engage in an “interactive process” with employees seeking a reasonable accommodation. Recently, the U.S. 10th Circuit Court of Appeals—the federal...
California has created another new right for employees to take leave to grieve loss. As of January 1, 2024, the state will require employers with five or more employees to provide eligible employees up to five days of...
A requirement for health plans passed by Congress in 2021 becomes effective as of December 31, 2023. Read on for more information. No more gags The Consolidated Appropriations Act (CAA) of 2021 prohibited “gag clauses”...
In 2023, the Equal Employment Opportunity Commission (EEOC) finally received its full slate of commissioners with three Democrats (Chair Charlotte Burrows, Vice Chair Jocelyn Samuels, and Commissioner Kalpana Kotagal)...
Recently, the National Labor Relations Board (NLRB) issued its final rule on the joint-employer standard under the National Labor Relations Act (NLRA). This new rule, originally set to go into effect December 26, 2023...
Arizona employers seeking to safeguard proprietary information through confidentiality agreements or nondisclosure agreements (NDAs) must tread carefully to ensure enforceability. Failing to construct these agreements...
The National Labor Relations Board (NLRB) has made it easier for multiple companies to qualify as joint employers that share liability for labor law violations and legal obligations to negotiate with unions under a new...
In its 2023 Fall Regulatory Agenda, the Department of Labor (DOL) announced it will issue a final overtime rule in April 2024. Once finalized, the new overtime rule will undoubtedly force employers to reexamine their...