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The Proposed “Workforce Mobility Act of 2023” and Non-Compete Agreements
In the proposed “Workforce Mobility Act of 2023,” another attempt has been made to ban non-compete agreements. The Proposed "Workforce Mobility Act of 2023" A bipartisan group [...]
Employer’s Monetary Incentive Programs May Forfeit FLSA Exemption
Some employers will try to incentivize employees to work for a set period of time by requiring repayment of money by the employee if he or she prematurely [...]
Uncertain Times Call for Stable Jobs
The U.S. News recently reported that the combined factors of a 2023 recession, decline in job growth, continued inflation, and higher interest rates – will likely culminate in [...]
Risk Assessment and Arbitration – SCOTUS to Review Coinbase v. Bielski
The Supreme Court will decide if cases are stayed during arbitration appeals; companies' risk assessments should consider this decision. The Supreme Court granted certiorari in a case that [...]
Employer’s Illegal Pay Practices Result in $250K in DOL Wage and Damage Claims
Photo: Pixabay.com stock image An employer's illegal pay practices resulted in $250,000 in wage and damage claims by the US Department of Labor. The Oak Texas Bar LLC/Oak [...]
Enforcing a Non-Compete Injunction Could Require Disclosing Your Customer List
Texas Rule of Civil Procedure 683 requires that "[e]very order granting an injunction . . . shall set forth the reasons for its issuance; shall be specific in [...]
Disability Discrimination Claims Based on Enforcement of the COVID-19 Vaccine Mandate Have Arrived
The Equal Employment Opportunity Commission (EEOC) has periodically updated its guidance in response to workplace vaccination questions. Significantly, the agency said that the federal anti-discrimination laws it enforces don't prohibit employers [...]
Starting September 1, 2021 – Texas Employers of ANY SIZE Can Be Sued for Sexual Harassment in the Workplace
The Texas Legislature recently passed Senate Bill 45 (SB 45) paving the way for any Texas employer – of any size – to be sued for sexual harassment in [...]
Offers of Judgment Under Rule 68
Under the “offer of judgment” mechanism detailed in Federal Rule of Civil Procedure 68 (Rule 68), a defendant makes a settlement offer to resolve the case. If accepted, the [...]
Ensuring Enforceability in Texas Non-Competition Agreements
One of the most common agreements conditional to employment is a non-competition agreement, sometimes referred to informally as “noncompetes.” It is no surprise that noncompetes are frequently litigated. The [...]
