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 terms; shall describe in reasonable detail and not by reference to the complaint or other document, the act or acts sought [...]
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 from requiring all employees who physically enter the workplace to be vaccinated for COVID-19. Employers that encourage or require vaccinations, however, must [...]
Offers of Judgment Under Rule 68
Commercial Litigation attorney Casey Erick explains offers of judgment under FRCP 68 - when a plaintiff who rejects a Rule 68 offer of judgment and then achieves a less favorable judgment at trial cannot recover attorney's fees under the statute.
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 policy behind noncompetes aims to balance an employee’s at-will employment interest with a company’s competitive advantage. Because Texas courts view noncompetes [...]
EEOC Updates Guidance Regarding Religious Discrimination
On Jan. 15, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) published updated guidance to its Compliance Manual on Religious Discrimination. The revised guidance, the first substantial update since 2008, came just five days prior to Inauguration Day and passed by a narrow 3-2 commission vote. EEOC notation on [...]
The Continued Assistance Act Becomes Law and Extends Tax Credits for the Families First Coronavirus Response Act
The Continued Assistance Act became law on December 27, 2020 and extends tax credits for the Families First Coronavirus Response Act (FFCRA). The FFCRA: created a new type of mandatory COVID-19-related paid leave (called Emergency Paid Sick Leave), and expanded the existing Family Medical Leave Act (FMLA) to include paid [...]
Legal Defenses When COVID-19 Causes Breach of a Contract
Covid-19 continues to interfere with the ability of businesses across all industries to meet contractual obligations. Yet, contracts can provide for termination or delay if they contain what is called a “force majeure” clause. Force majeure is French for “superior strength.” From the start of the pandemic, businesses began [...]
Can an Employer Terminate Someone for Their Public Opinions?
Dr. Simone Gold, a Board-Certified emergency physician who appeared in the hydroxychloroquine viral video this week, has now lost her job. She said she was fired from her job because of the media slander. Dr. Gold, the founder of the newly created group called America’s Frontline Doctors, lost her job [...]
Supreme Court Rules: Existing Civil Rights Law Protects LGBTQ Workers
The June 15, 2020 U.S. Supreme Court decision says Title VII of the Civil Rights Act of 1964, which makes it illegal for employers to discriminate because of a person's sex, also covers sexual orientation. In a 6-3 ruling, the Court determined that existing federal law forbids job discrimination [...]
Help Has Arrived for Retail Employers: The Paycheck Protection Program Flexibility Act
On April 3, 2020, the United States Small Business Administration (“SBA”) by way of the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) began accepting loan applications for its expanded United States Small Business Administration (“SBA”) Paycheck Protection Program (“PPP”) to offer payroll protection loans. Most of the criticism [...]
