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.
Marijuana and attention to detail are not generally found in the same sentence. A failure to pay attention to the most basic detail in a pair of arbitration agreements meant that the claims of two cannabis company...
A recent unpublished decision provides some solace to employers who rankle over being subjected to untrue liability claims. The case shows that it’s one thing to make the claim, and another to be believed by the trier of...
The California Legislature has been extremely busy in 2023, passing scores of employment bills. Governor Gavin Newsom recently signed over 150 of those bills into law, keeping faith with his proemployee constituency...
On August 8, 2023, the island of Maui suffered a devastating wildfire that destroyed the city of Lahaina and left economic and environmental damage behind. On top of the loss of life, hundreds of businesses were...
Can artificial intelligence (AI) and machine learning programs lead to discrimination claims? The simple answer is yes, and the recent settlement between the Equal Employment Opportunity Commission (EEOC) and three...
In its decision in McLaren Macomb, the National Labor Relations Board (NLRB) addressed employees’ rights to organize under Section 7 of the National Labor Relations Act (NLRA), limiting severance agreement terms relating...
I’ve been watching the live stream of Attorney General Ken Paxton’s impeachment trial being conducted by the Texas Senate, and it got me thinking. At some point, you might have been or might become a witness in a...
Readers may have noticed news reports that on August 30, a federal judge declared Rudy Giuliani was on the losing end of a defamation lawsuit filed by two Georgia election workers. He had claimed they were involved in...
The full U.S. 5th Circuit Court of Appeals (the federal appeals court covering Texas)—all 15 judges—just decided a major case, coming down squarely on the side of employees. Some are pooh-poohing its import, saying it’s...
A few months ago, I wrote about a new initiative from the National Labor Relations Board (NLRB) that promised a crackdown on noncompetes for interfering with employees’ rights to move from one employer to another and to...
The recent U.S. Supreme Court decision prohibiting racial preferences in college admissions is promoting all sorts of employment litigation in the business world. Latest stop: The Dallas office of a national law firm was...
Here’s an employer right that’s not really understood: You can manufacture evidence. How so? When you’re managing an employee issue, you can make conscious, strategic decisions that will, if a lawsuit is filed, rebound...
Documentary evidence is a critical part of any legal proceeding. Relaxed standards in creating and maintaining documentary evidence that demonstrates an employee’s deficient performance increases an employer’s risk in...
A Georgia employee affected by a reduction-in-force lost her opportunity to arbitrate her age discrimination claim simply because she missed the demand filing deadline by a single day. Here’s how. Facts Tanya Smith was...
The U.S. Court of Appeals for the 5th Circuit (which covers Louisiana, Mississippi, and Texas) recently issued a landmark decision overturning its precedent of nearly 30 years that required an employee claiming...