In Groff v. DeJoy, decided on June 29, 2023, the US Supreme Court made a significant change to the standard for religious accommodations for employees under Title VII of the Civil Rights Act of 1964 (for example, employees who wish …
Third-Party Labs Do Not Owe a Duty of Care to Their Customers’ Employees in Texas – Houston Area Safety Council v. Mendez
On June 23, 2023, the Texas Supreme Court held, in Houston Area Safety Council v. Mendez, that third-party laboratories do not owe a common-law duty of care to their customers’ employees for inaccurate drug tests that result in unfair job …
Texas Employers: Do You Need an Employee Handbook?
Does your business really need an employee handbook? For most employers, the answer is yes. You should (1) have an employee handbook and (2) review and revise your employee handbook regularly to ensure that it complies with state and federal …
When is After-Acquired Evidence a Defense in Employment Law Cases?
Is after-acquired evidence still a defense against employment law claims? What happens when an employee files a wrongful termination claim, and then the employer discovers (after the action has been filed) that there were grounds for a lawful termination? In …
Fifth Circuit Blocks COVID Vaccine Mandate for Federal Contractors
On December 19, 2022, the Fifth Circuit Court of Appeals upheld a Louisiana District Court’s preliminary injunction blocking the Biden Administration’s vaccine mandate for federal contractors. What does that mean for businesses that would have been affected by the mandate? …
FTC Proposes a Rule that Would Ban Most Non-Compete Clauses
On January 5, the Federal Trade Commission (FTC) published a Notice of Proposed Rulemaking (NPRM) that will ban most non-compete clauses if finalized.  The FTC’s proposed rule would strip away businesses’ best tool for preserving trade secrets and intellectual property …
How to Respond to an EEOC Charge in Texas
How should your business respond to an EEOC charge? Before filing a discrimination lawsuit against your company, an employee must first file a charge with the Equal Employment Opportunity Commission (EEOC) or the Texas Workforce Commission (TWC). In many cases, …
What is Considered Misappropriation of Trade Secrets in Texas?
What is misappropriation of trade secrets under Texas and federal law? In Pittsburgh Logistics Sys., Inc. v. Barricks, the Southern District of Texas recently denied summary judgment motions filed by Pittsburgh Logistics Systems (PLS) against a former employee for misappropriation …
Golden Glow Tanning Salon v. Columbus: Is There a Fundamental Right to Earn a Living?
Is there a fundamental right to earn a living that is recognized by the courts? In Golden Glow Tanning Salon v. Columbus, the Fifth Circuit Court of Appeals affirmed a grant of summary judgment against the plaintiff tanning salon who …
Department of Labor Issues New Proposed Rule on Independent Contractors
On October 13, 2022, the Department of Labor (DOL) published a new proposed rule on independent contractors that is likely to result in findings that some independent contractors have been misclassified under the Fair Labor Standards Act (FLSA) and may …
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