Walter Olson at Overlawyered started they debate by asking “If I could press a button and instantly vaporize one sector of employment law…” He answered age discrimination. I’ll let him defend his selection and you can read his explanation here.
Jon Hyman and Daniel Schwartz weighed in that they would reform the depression-era outdated Fair
The EEOC is reviewing whether the use of arrest and criminal conviction information acts as a hiring barrier and whether employers should be precluded from asking about criminal convictions. The EEOC publicized the meeting in a press release titled Striking a Balance Between Workplace Fairness and Workplace Safety. Particularly troubling about this hearing is the fact that
In Part 1, I covered some thoughts on enforcing noncompetition agreements in Texas following the Texas Supreme Court’s new decision in Marsh USA. Today I’m addressing some tips that employees (and their representatives) who are asked to sign or are attempting to bust a noncompetition agreement might consider.
Prior to signing the agreement, negotiate everything
Yesterday, Ryan Miller and I were invited to speak at the Tarrant County Bar Association’s Labor and Employment Section luncheon. Our topic was the recent changes to Texas noncompete jurisprudence. A copy of the Power Point presentation we jointly presented can be accessed here.
For my contribution, I presented some thoughts on the practical effect the Marsh USA
In a recent case out of the U.S. District Court for the Northern District of Texas, a federal judge entered summary judgment for the City of Fort Worth in an FLSA overtime case filed by four former police officers.
In Clark v. City of Fort Worth, Texas, four retired City of Fort Worth police officers filed a FLSA putative collective action seeking to
Imagine this, its Friday and you are sitting in your office as Director of Verizon’s newly created Office of Reasonable Accommodation. An employee, I’ll call him Joe, walks into your office. Joe tells you he’s recently converted to the Church of the Flying Spaghetti Monster (i.e., he is now a Pastafarian); that Friday’s
The ABA Journal is compiling its annual list of the 100 best legal blogs and is seeking nominations on the blogs to include. Inclusion on this list (which is not limited to labor and employment law blogs but includes all legal blogs) is prestigious and is something that I, and others that blog regularly, aspire to achieve.
This
Yesterday Rob Radcliff over at the Smooth Transitions Law Blog wrote a post about a lawsuit filed by an attorney against the recruiter that placed him at his new law firm. In essence, the attorney alleged that the recruiter made representations that she was independent (and not tied to any particular law firm) and fraudulently convinced the
In Texas, employees and employers are entitled to a telephone hearing before a hearing officer if either party disagrees with an initial determination issued by the Commission in unemployment benefit and Texas Pay Day Act claims. There are some occasions, however, where an employer may consider foregoing these telephone conferences –even if it means losing the unemployment
In Part 1 of this two-part series, I examined the temporal, geographic and scope of activity restrictions for Texas physician noncompetition provisions. Texas law provides another unique feature required only in agreements with doctors. Noncompetes with physicians must include a provision that permits the doctor to buy-out of the noncompete for a reasonable amount. The buy-out can be determined at