When competitors make agreements with one another about what they will charge, the territories they will divide, the customers each will sell or the employees they will hire, red flags should raise because antitrust issues may be implicated. Last year I wrote about the settlement several Silicon Valley technology companies reached with the US Department
Texas Supreme Court Holds Worker’s Compensation Exclusivity Provision Bars Claims by Deceased Employee’s Parents
Today the Texas Supreme Court held that when an employee is employed by two employers (a staff leasing company and client company in this case) and both employers have workers’ compensation insurance, the workers’ compensation exclusivity provisions apply to bar negligence claims asserted by the deceased employee’s parents. You can review a copy of the
Quick Cites for Common Evidentiary Issues in Discrimination, Retaliation and Harassment Cases
Yesterday I had the privilege to serve on a panel discussion of employment defense attorneys covering Title VII Litigation: Persistent Evidentiary Challenges. We had lawyers from twenty-two states registered for the program. If you have an evidentiary question involving a discrimination, retaliation or harassment claim, these materials may provide you a head start on your research
Fifth Circuit Holds 24 Hour Fitness Arbitration Agreement Illusory and Unenforcable
24 Hour Fitness operates health clubs and fitness facilities across the country. As part of its operations, 24 Hour Fitness employs sales representatives. As a condition of employment, employees are required to enter into arbitration agreements to arbitrate their employment disputes with their employer. FLSA claims (i.e., overtime and minimum wage claims) are covered within the scope of the
Texas Law Prohibits Employers from Requiring Employees to Purchase Employer’s Goods
As I was driving home last night, NPR played a clip from the 1947 folk song "16 Tons." Its a catchy tune about 1940’s coal mining. The chorus of the song has the coal miner asking St. Peter to delay his death because he owes his soul to the company store. Employers used to provide "company stores"
Fifth Circuit Case Demonstrates Consequences of Failing to Make Prompt and Thorough Investigations of Employee Complaints
A new Fifth Circuit case reveals the consequence that can occur when an employer and its managers fail to take harassment complaints seriously; fail to promptly and thoroughly investigate the complaints; and reach conclusions following the investigation that just plain wrong. In Cherry v. Shaw Coastal Inc., a male employee (Cherry) complained that his immediate
Communicating Termination Decisions Requires Humanity
Last week there was a lot of coverage about Mitt Romney’s remarks on being able to terminate those who provide services to him. In viewing his remarks, I think the criticism of his comments comes, not so much from what he said, but how he said it. In a somewhat cavalier manner, Romney said he liked have the
Court Strikes Employer’s Arbitration Agreement With Employee For Lack of Consideration
There are a few pockets in the state where lawyers representing employees still vigorously fight the arbitration agreements their clients signed with employers agreeing to arbitrate all disputes. One of the pockets is in El Paso, Texas as evidenced by the number of opinions out of the court of appeals addressing the enforceability of an arbitration
Court Holds Ministerial Exception Bars Teacher’s Discrimination Suit
Yesterday, the U.S. Supreme Court unanimouslyy held that the ministerial exception bars a federal employment discrimination suit brought by a teacher challenging her church-employer’s decision to terminate her employment. While this holding is limited to religious affiliated employers, it firmly establishes the ministerial exception as a bar to certain employment discrimination claims against religious organizations.
Title VII Litigation Webinar on Persistent Evidentiary Challenges
On January 25, 2012, at 12:00 p.m. I’ll be speaking on a panel titled "Title VII Litigation: Persistent Evidentiary Challenges." The webinar will cover common evidentiary issues that employment lawyers who try discrimination, retaliation and harassment claims face including:
- Admission and exclusion of "me too” evidence;
- “Other supervisor” evidence, including Cat’s Paw Liability case developments;
- After-acquired