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.
On February 1, 2023, Minnesota Governor Tim Walz signed the CROWN Act, whose name stands for “Creating a Respectful and Open World for Natural Hair.” The law prohibits race discrimination based on natural hair texture...
In Michigan, it’s well-established that the statute of limitations for discrimination, harassment, and other employment-based claims may be shortened by an agreement between the employer and the employee. When employers...
In 1964, the National Labor Relations Board (NLRB) decided the case Johnnie’s Poultry Co., which became a monumental judgment that required employers to take specific steps when interviewing employees about misconduct...
Here’s a very recent case from the U.S. 5th Circuit Court of Appeals, the federal appeals court covering Texas. It explains how a court goes about deciding whether to dismiss a lawsuit filed by a very qualified Black...
Here’s an urban myth: An employee who opposes potential employer discrimination must be treated with kid gloves after complaining. The U.S. 5th Circuit Court of Appeals (whose rulings cover Texas employers) recently...
Companies can only make money through employees. So far, so good. But when is a company on the hook for harm to others caused by the actions of its employees? The Texas Supreme Court recently chimed in on this issue in a...
The Texas Supreme Court will hear an employer’s appeal from the El Paso Court of Appeals that extended the protections of the Texas Commission on Human Rights Act (TCHRA) to obese employees. The El Paso appeals court...
Q We are planning to lay off about 20 employees, and one of the affected workers has a sponsored H-1B visa. Are there specific requirements we need to follow. Employers planning on laying off workers who have H-1B visas...
Q An employee resigned with a two-week notice, but we chose to make it effective immediately. Is it still considered voluntary? Yes and no. How is that? Seriously, yes, the separation should still be considered voluntary...
Many employers use noncompete agreements as a standard part of their employment agreements. The Federal Trade Commission (FTC) has now announced it wants to ban noncompetes and is pursuing litigation over their use...
On January 5, 2023, the Federal Trade Commission (FTC) issued a notice of proposed rulemaking that would ban almost all noncompete agreements. Employers will need to act quickly to prepare for this major change. Overview...
In a real-life example of the old adage that you might get in trouble for doing something bad but you’ll likely get in more trouble for lying about it, an arbitrator recently upheld the termination of a firefighter who...
In a win for employers, the Connecticut Appellate Court recently reversed a trial court’s decision that an employer couldn’t enforce a noncompete clause signed by an employee. Facts Joseph Schimenti worked for Schimenti...
An employment relationship may be ended in a variety of ways with different legal consequences, so it’s important to accurately determine the method by which it’s terminated. An involuntary termination (i.e., the...
With increasing frequency, employees ask to bring animals to work. Under some circumstances, the Americans with Disabilities Act (ADA) recognizes the presence of a bona fide service animal in the workplace can be a...