In January 2024, the Department of Labor (DOL) announced its final rule for determining whether a worker is an employee or an independent contractor. Is the rule final, though? We will see. In the past few years, we have careened …
What is Undue Hardship? SCOTUS Expands Employee Protections Under Title VII in Groff v. DeJoy
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 …
McLaren Macomb – The Pendulum Swings, the NLRB Prohibits Non-Disparagement and Confidentiality Clauses in Severance Agreements
Do non-disparagement and confidentiality clauses in severance agreements violate Sections 7 and 8 of the National Labor Relations Act (NLRA)? The answer depends on the prevailing political winds – under President Trump’s NLRB, severance agreements containing these provisions were not …
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 …
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 …
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 …
Inadvertent Disclosures in Civil Proceedings: How to Avoid Unintentional Waiver of Attorney-Client Privilege
The unintentional disclosure of privileged or confidential information in discovery responses is an ever-present fear for civil litigators who understand the damage that it can cause, not only to their client’s case but, as in the case of the recent …
Sexual Harassment at Work: How Should Witnesses Respond?
Victims and witnesses of sexual harassment often feel robbed of their sense of safety and peace of mind. After all, when someone is sexually harassed in an overt and physical manner, an actual assault and battery may have occurred. Sexually …
What’s the Difference Between an Independent Contractor and an Employee in Texas and Why Does it Matter for Your Business?
When you hire contract labor for your business, you must ensure that you are not misclassifying an employee for the tax and reporting benefits – if you do, you may have unexpected expenses when the government requires you to pay …
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