Welcome to Texas Business Matters! Today we talk about another commonly-held myth that prevents employers from acting on a credible claim of sexual harassment—specifically, that of the “Superstar” harasser. The “Superstar” harasser is an employee believed to be too valuable to terminate. Think … [Read more...] about The Myth of the “Superstar” Harasser: What Employers Fail to Understand
Employment Policies
Physician Non-Compete Agreements Have Special Rules
Welcome to Texas Business Matters! This is our fifth blog in a ten-part series on non-competes. In our last blog, we addressed whether an independent contractor can be bound by a non-compete agreement. In this blog, we will discuss the special rules for non-compete agreements for physicians. As we … [Read more...] about Physician Non-Compete Agreements Have Special Rules
What Are an Employer’s Remedies When an Employee Breaches a Non-Compete Agreement?
Welcome to Texas Business Matters! This is our third blog in a ten-part series on non-competes. In our last blog, we addressed the difference between non-compete, non-solicitation, and non-disclosure agreements and how to determine if your business needs a non-compete. In this blog, we will discuss … [Read more...] about What Are an Employer’s Remedies When an Employee Breaches a Non-Compete Agreement?
Arbitration Clause in English Signed by Spanish-Speaking Employee: Enforceable?
Here’s a recent arbitration case that will interest employers with Spanish-speaking employees. In Delfingen US-Texas L.P. v Valenzuela, the employee sued the employer for workers’ compensation retaliation. Because the employee had signed an arbitration agreement, the employer filed a motion to … [Read more...] about Arbitration Clause in English Signed by Spanish-Speaking Employee: Enforceable?
Sexual Harassment 101 for Texas Employers: When Can a Volunteer Sue?
I had a great time speaking to the Manor Chamber of Commerce last week on sexual harassment. One of the members asked a good question, which is: do the laws governing sexual harassment apply to volunteers? Generally, the answer is no. Title VII and the Texas Commission on Human Rights Act (TCHRA), … [Read more...] about Sexual Harassment 101 for Texas Employers: When Can a Volunteer Sue?
A Tale of Two Coaches’ Consensual Acts with Students: Did UT Discriminate?
In late 2012, UT women’s track coach Bev Kearney was forced to resign after admitting to a consensual, year-long relationship with one of her athletes in the early 2000s. Not a month later, the Daily Texan reported that Major Applewhite, a UT assistant football coach, engaged in a one-time sexual … [Read more...] about A Tale of Two Coaches’ Consensual Acts with Students: Did UT Discriminate?
2012 Employment Law Highlights: Social Media, Arbitration, and the Top EEO Claim against Texas Employers
2012 brought Texas businesses lots of employment law changes. In case you missed it, here is a short video of my recent talk on the radio program Money for Lunch about some of the highlights, including social media, arbitration, the top EEO claim against Texas employers, and what you can do to … [Read more...] about 2012 Employment Law Highlights: Social Media, Arbitration, and the Top EEO Claim against Texas Employers
Guns in the Workplace: A Primer for Texas Employers
As we approach the holidays, I’d like to discuss a subject near and dear to the heart of many Texans: guns. Traditionally, Texas law provided that an employer could prevent employees from bringing guns onto the employer's property, including the employer's parking lot. But did you know that in … [Read more...] about Guns in the Workplace: A Primer for Texas Employers
Election Day Laws for Texas Employers
I like to vote on Election Day. Why? A couple of reasons. First, I like to procrastinate. Call me an adrenaline junkie, it’s true. I like to get things in just under the wire. Second, I like the buzz on Election Day. The energy. The people watching and listening. If you have employees like me, here … [Read more...] about Election Day Laws for Texas Employers
The Number One EEO Claim Filed Against Texas Employers: Top Four Tips for Managing the Risk
What is the number one equal employment opportunity (EEO) claim filed against Texas employers? Contrary to what you might think, it is not discrimination based on race, sex, disability, age, national origin, genetic information, or religion. Nor is it sexual harassment or equal pay. According to the … [Read more...] about The Number One EEO Claim Filed Against Texas Employers: Top Four Tips for Managing the Risk