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 …
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 …
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, …
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 …
Handling Employee Requests for Religious Accommodations
Whether you’re running a large corporation or a small business, it can be challenging to properly reply to employee requests for religious accommodations. However, if you’ll listen carefully to what’s being asked and thoughtfully weigh all your options, you should …