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
The federal False Claims Act (aka Qui Tam statute) provides a cause of action for an employee who is retaliated against for attempting to prevent its employer from making fraudulent claims for payment to the United States. An open issue in the Fifth Circuit (the federal court of appeals covering appeals from Texas, Louisiana and Mississippi)
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
The Federal Judicial Center has announced a new pilot program to streamline discovery in employment disputes filed in federal court. The program, announced in November, would compel initial discovery for certain employment cases where an adverse action is alleged. Under the program, parties would have to produce, as part of initial disclosures, commons discovery items that are
In reading a recent Fifth Circuit opinion affirming the dismissal of a employee’s claim of racial harassment involving the display of a noose, I am reminded of Mark Twain’s quote, "If you tell the truth, you don’t have to remember anything." Its good advice to live by and even better advice for deponents and witnesses.
Nickey
It’s rare for employers state-wide to get good news in this troubled economy. Today, however, the Texas Workforce Commission presented Texas employers with an early Christmas present in the form of the newly released 2012 unemployment tax rates. The tax rates range from .61 to 7.58 percent on the first $9,000 in wages
If you attend many EEOC meditations or the meditations of lawsuits, you know it is important to keep an accurate record of the parties’ respective settlement offers. This is useful in trying to glean where the parties are going and whether there may be an overlap in their respective settlement positions. Picture it Settled recently released a new
The Texas Workforce Commission will announce the new 2012 state unemployment tax rates on December 12, 2011. The Commission will also mail each employer its 2012 unemployment tax determinations on that day.
Follow me on Twitter @RussellCawyer.
Last weekend, the Dallas Cowboys lost a close game to the Arizona Cardinals. If you watched the game, you know how it ended (and probably have a bad taste in your mouth). For those of you who didn’t see the game, here is a summary of what occurred.
With two minutes left it the
What do you get as a holiday gift for the HR person who has everything? Here are 5 suggestions: