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Since Congress amended the Americans with Disabilities Act revising the definition of “disability” and greatly expanding the number of individuals who are “disabled” and therefore entitled to reasonable accommodation, employers spend large amounts of time engaging in the interactive process to determine whether there are reasonable accommodations that will enable otherwise qualified individuals to perform…

Today, a Texas federal judge issued a nationwide preliminary injunction blocking the implementation of the U.S. Department of Labor’s final rule imposing an increased salary level to qualify for the administrative, professional, executive and highly-compensated exemptions to overtime.  Short of an order staying the district judge’s injunction, the DOL’s rule will be on hold, nationwide,…

Another legislative session ended with few changes affecting Texas employers on the labor and employment law front.  One bill that did become law is one that prohibits the sexual harassment of unpaid interns.  The law creates an offense if the employer’s agents or supervisors know or should have knowledge of conduct constituting sexual harassment was…

The National Labor Relations Act protects employees’ right to form unions, collectively bargain and otherwise engage in collective activities for their mutual aid and protection.  Collective activities for mutual aid and protection usually relate to wages, hours, working conditions and other terms and conditions of employment.  These activities apply to union and nonunion employers.  In…

Xmas 2012I’m sitting here trying to come up with an idea for this year’s family holiday card.  Last year’s theme was “Silent Night”.  But while I think about what I need to be doing to prepare for the holidays, I’m reminded that many employers are also planning their company end-of-year parties.  So, from the archieves are…