The Texas Supreme Court has issued an opinion this morning holding that noncompetition agreements supported by stock options and good will are not unenforceable as a matter of law. I previewed this case here. As I have time to digest the majority, concurring and dissenting opinions, I’ll provide more thoughts on this case. You
Wage and Hour Rules for Unpaid Internships
Schools are out for the summer and many college and graduate students are looking for experience in what they hope will be their chosen careers. Employer’s looking to provide that experience through the use of unpaid internships must understand the rules that qualify an internship for "unpaid" status or unwittingly create potential wage and hour
New ADA Regulations Take Effect Next Week –Are you ready?
The EEOC published its final regulations interpreting the ADA Amendments Act on March 25, 2011. Consequently, those regulations become effective on March 24, 2011. The effect of the Act and these regulations is that large numbers of employees will qualify as disabled under the law thereby triggering an increased number of applicants and employees who
DOL Publishes Smart Phone Time Keeping App
Today the U.S. Department of Labor announced publication of a time keeping App for smart phones –the DOL -Timesheet. Employees can download the free App through iTunes and can be used with the iPad, iPhone and iTouch. The App is an electronic timesheet that allows employees to record their hours worked and calculate the amount of
Fort Worth Court of Appeals Enforces Mutual Waiver of Jury Trial
I’ve written several posts advocating the advantages of employer’s use of waivers of jury trials to resolve employment disputes with employees. (See posts here and here). To recap, the mutual waiver of jury trial provides the employer and employee a fair way to resolve employment disputes without some of the disadvantages that other forms
Social Media Exposes Another Employee’s Lack of Judgment
In another example of social media exposing an employee’s lack of judgment, the Washington Post reports that an Indiana assistant attorney general was discharged for tweeting that police should "use live ammunition" when clearing protesters outside the Wisconsin state capital.
Social media doesn’t cause employee lapses in judgment; it merely exposes them. Perhaps the best Social
No Good Deed Goes Unpunished
If I had a dollar for every time I reminded a client that "no good deed goes unpunished," my childrens’ college funds would be flush and I’d be planning to retire early. The recent case of Terwilliger v. Howard Mem. Hosp. (W.D. Ark. 1/27/2011) reminds us that employees will often attempt to ensure that "no good
Does Texas Law Recognize a Claim against Competitor’s Poaching of Employee?
Many times one competitor sues another competitor over the hiring or two or more employees (whether over allegations of a breach of contract or misappropriation of trade secrets), the Complaint will make allegations of employee "poaching". This gives rise to the question about whether Texas recognizes a cause of action for one competitor’s poaching of another competitor’s
Super Bowl Teams Set –ESPN Moving to Fort Worth, Texas
By now we know that the Pittsburgh Steelers will play the Green Bay Packers in Superbowl XLV. While most people know the game will be played in Cowboys Stadium, fewer realize that Cowboys Stadium is in Arlington, Texas –not Dallas. Moreover, for the entire week leading up to the Superbowl, ESPN has relocated its
Mid-Term Elections Approach: Texas Employer’s Obligation to Provide Employees Time Off to Vote
The mid-term elections are approaching. Today I want to take the opportunity for a brief refresher on the Texas legal requirement for providing employee time off to vote. Under certain circumstances, Texas employers may be required to give employees paid-time off to vote. As I wrote about last year:
The Texas Election Code makes it a