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 …
Texas AG Opinion No. JS-0006: Can an Individual Hold Two Different Public Offices Simultaneously?
Texas Attorney General Opinion No. JS-0006 highlights an interesting dilemma that arises when an individual is elected to a second public office in Texas – can he or she hold two different public offices simultaneously? The answer, as with most …
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 Estate Planning: What are Powers of Attorney and Advanced Directives?
General powers of attorney, durable powers of attorney, limited powers of attorney, medical powers of attorney, and advance directives are important tools that you can use as part of your estate plan, end-of-life planning, or to accomplish specific goals when …
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 …
First Amendment Rights, Section 230, and Content Moderation: How Gonzalez v. Google and Twitter v. Taamneh Could Shape the Legal Landscape for Years to Come
Do you have a First Amendment right to say what you want, when you want, and where you want? If so, does that prevent social media platforms and other online businesses from moderating the content you publish on their platform? …
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 …
Do Judicial Prayer Sessions in the Courtroom Violate the Establishment Clause?
Do Judicial Prayer Sessions in the Courtroom Violate the Establishment Clause? In Freedom from Religion v. Mack, the Fifth Circuit Says It is Constitutional In what may be the first case to head to the US Supreme Court challenging judicial …
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 …
Employer Drug Testing Laws in Texas
There are no employer drug testing laws in Texas for private employers, although there may be workplace drug testing requirements or restrictions for some government employers, employers subject to DOT’s drug testing rules, companies with federal contracts or grants, and …
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