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 has serious implications for companies that are unsuccessful in enforcing arbitration provisions in federal district courts. In Coinbase, Inc. v. Bielski, [...]
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 Texas Bar & Grill LLC paid servers and bartenders tips only. The U.S. Department of Labor’s Wage and Hour Division found [...]
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 [...]
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 the workplace. The bill also expands liability to include individual actors as well as businesses. As a result, SB 45 now [...]
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 [...]
The COVID Vaccine and Workplace Compliance
By Brian Farrington and Casey Erick It sometimes seems that an eternity has passed since early 2020, when COVID-19 began to affect our lives. However, in medical terms, the development of several highly effective vaccines in less than a year is astonishingly rapid. It now looks like we are [...]
