An employee’s Facebook page or Twitter feed may provide significant information to her employer, including what the employee is saying about the employer outside of work. But when is an employee’s tweet or Facebook post protected and when is it grounds for termination? According to recent … [Read more...] about Social Media 101 for Texas Employers
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In Texas, Does Severance Pay Preclude Unemployment Benefits?
A former law school classmate posed this question to me today: if an employee is involuntarily* terminated and receives a severance payment, does that preclude the employee from receiving unemployment benefits? The answer is: it depends on whether the payment is considered “severance” or “wages in … [Read more...] about In Texas, Does Severance Pay Preclude Unemployment Benefits?
Does Ledbetter Act Apply in Texas?
The Texas Supreme Court heard arguments this week in Prairie View A&M University v. Chatha. The issue in the case is whether the Lilly Ledbetter Fair Pay Act (Ledbetter Act) applies to the Texas Commission on Human Rights Act (TCHRA), the state law that mirrors Title VII. The Ledbetter Act … [Read more...] about Does Ledbetter Act Apply in Texas?
Severance Savvy 101 for Employers
In August, global technology giant 3M agreed to pay $3 million to the EEOC to end a nationwide age discrimination law suit. According to the EEOC, 3M laid off many highly paid older employees to make way for younger leaders. The EEOC’s investigation uncovered an employee email describing then-CEO … [Read more...] about Severance Savvy 101 for Employers
Top 5 EEOC Mediation Tips for Employers
Mediation often occurs at the beginning of the EEOC process, before a lawsuit has been filed or discovery has been conducted, creating unique challenges for employers. Here are my top 5 tips for a successful EEOC mediation. 1. Get the information you need to make a business decision. How strong … [Read more...] about Top 5 EEOC Mediation Tips for Employers
Title VII Caps: Per Person, Not Per Claim
According to the Fifth Circuit, Title VII’s damages caps apply per person, not per claim. In Black v. Pan American Laboratories, LLC, et al., --- F.3d. ---, 2011 WL 2763096 (5th Cir. July 11, 2011) (not yet released for publication), the employee brought 3 claims of sex discrimination and … [Read more...] about Title VII Caps: Per Person, Not Per Claim
Marsh: Good for Texas Employers?
In Marsh USA Inc., et al. v. Cook, --- S.W.3d ---, 2011 WL 2517019 (Tex. June 24, 2011) (not yet released for publication), the Texas Supreme Court held that providing stock options to an employee is sufficient consideration to support a noncompete. According to the majority opinion, because the … [Read more...] about Marsh: Good for Texas Employers?
Appellate Court Judgments & the TAACA
I want to thank the Texas Association of Appellate Court Attorneys (TAACA) for having me and my colleague Marc Knisely speak on appellate court judgments at their conference today. What a talented group of lawyers! They asked thoughtful questions and provided suggestions as to how appellate … [Read more...] about Appellate Court Judgments & the TAACA
TAA Allows Expanded Scope of Review
Do your company’s policies include an arbitration clause? Is the clause governed by the Federal Arbitration Act (FAA), Texas Arbitration Act (TAA), or both? A recent decision by the Texas Supreme Court, Nafta Traders, Inc. v. Margaret A. Quinn, ___ S.W.3d ___, 2011 WL 1820875 (Tex. May 13, 2011) … [Read more...] about TAA Allows Expanded Scope of Review
Paycheck Fairness Act Reintroduced
In honor of Equal Pay Day, April 13, 2011, Congress reintroduced the Paycheck Fairness Act. If enacted, the legislation would modify the Equal Pay Act of 1963 (EPA), which amended the Fair Labor Standards Act of 1938. The EPA prohibits employers from paying women less than men for performing equal … [Read more...] about Paycheck Fairness Act Reintroduced