I like to try cases to judges and juries but my enjoyment almost always comes at great out-of-pocket expense to my employer-clients in terms of cost of defense. The reality of any civil practice is that most cases will settle or be disposed of short of trial When it comes to settling employment disputes, the
Has the Expanded Definition of Disability under the ADAA Gone Too Far?
Daniel Schwartz at the Connecticut Employment Law Blog has an interesting post today about the effect the American Psychiatric Association’s proposed changes the Diagnostic & Statistical Manual could have to the Connecticut body of disability discrimination law. While Connecticut is unique, according to Schwartz, in its definition of disability and expressly includes mental conditions listed in
TXANS to Host 22nd Annual Conference and Exhibition
The Texas Association of Responsible Nonsubscribers (TXANS) Texas’ leading proponent of sound and ethical practices relating to injury prevention and the provision of quality workplace injury benefits by non-subscribers to workers’ compensation. TXANS is hosting its 22nd Annual Nonsubscriber Conference and Exhibition March 22, 2012 in Austin, Texas. I’ll be speaking at the conference. Some
Antitrust Concerns Raised When Competitors Get Too Cozy
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
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
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
NLRB Says Agreements to Waive Participation in Class Action Violate Federal Labor Law
Wow! That is all I could say after I read the recent NLRB decision holding that an employer’s requirement that employee sign mandatory arbitration agreements waiving the right to litigate claims in a collective or class action violates the National Labor Relations Act.
In the case styled D.R. Horton, Inc. and Michael Cuda
New Federal Rules Takes Effect Prohibiting Hand Held Cellular Devices
The current federal administration is making significant changes in employment law through its rulemaking and regulatory authority rather than seeking Acts of Congress. Another example of this method of legislature-through-rulemaking is the new federal regulation taking effect on January 3, 2012 that prohibit all commercial motor vehicle drivers from using hand-held telephones while driving. The new rules provide significant penalties for
Year End Annoucements from the DOL and NLRB
A lot, relatively speaking, happened while I took a few days off to celebrate Christmas. The DOL published three new fact sheets on retaliation (here, here and here); the NLRB delayed its mandatory posting of employee rights and the Board passed its ambush election rules. Hopefully this will be a quiet week and