A Resource for Texas Employers
I wrote about an unusual dispute between the EEOC and a San Antonio law firm where the EEOC sought enforcement of an administrative subpoena seeking law firm records in connection with a charge of discrimination filed by a former employee of the firm. You can read that post here.
Well, like Spring itself that blows in like…
Since at least 1995 Texas law has provided that women has a right to breastfeed in public in any place in which they are legally authorized to be. Last week, the health care reform signed by the President amended the Fair Labor Standards Act to require covered employers to provide reasonable break time for nursing…
As I wrote yesterday, the Wage & Hour Division of the U.S. Department of Labor has ceased issuing detailed, fact-specific opinion letters. In the first of the Administrative Interpretations the Division will issue in lieu of opinion letters, the Division has concluded that most mortgage loan officers will not qualify for the administrative exemption to the…
The U.S. Department of Labor’s Wage & Hour Division announced it will no longer issue fact-specific definitive opinion letters in response to questions submitted by individuals and organizations. According to the Division, its opinion letters provide only limited guidance to broad categories of employers and employees where slight factual differences in the facts assumed in the letter could result…
With Congress finalizing a health care reform bill to send to the President, what exactly will the 2,000 page bill mean for Texas employers? As reported today by U.S.A Today, employers should expect, among other things:
…
This week the Department of Labor published a poster that must be used by all employers employing employees under H-2A visas. H-2A visa holders are non-immigrant employees employed in temporary or seasonal agricultural jobs. A copy of the required poster (in English) can be accessed here. (Spanish here) This poster is required by federal rules published February…
In a discrimination case it is very important to determine whether the plaintiff is alleging direct or circumstantial evidence of discrimination. This is important because the standard by which a court determines if the case should proceed to trial or not depends on this determination. In Jackson v. Cal-Western Packaging Corp., the U.S. Court of Appeals…
When investigating a charge of discrimination, the EEOC has the authority to issue administrative subpoenas requiring employers to produce relevant information. This power, however, is rarely used because most employers voluntarily comply with the EEOC’s reasonable requests for information.
In San Antonio, a law firm respondent is testing the EEOC’s powers to require information be produced…
I subscribe to about 20 very good labor and employment law blogs. This week, one of the blogs I follow posted a good summary on the employee duty of loyalty and what activities are proper and improper for an employee to engage in who is about to start a venture that competes with his or her current employer.
Jon Hyman’s post…
A trial court’s order granting or denying a temporary injunction in a noncompete case is rarely reversed by the court of appeals. This week the Fourteenth Court of Appeals took the unusual step of reversing a trial court’s denial of an employer’s application for temporary injunction seeking to prohibit a former employee from engaging in certain…
