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 2011,…
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Picture this: you have a small business with more than fifteen employees. Tough economic times require you to lay someone off. You lay someone off who happens to be female. She sues for sex discrimination. You now have to hire an attorney to defend the claim. The attorney wants a…
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This week, I was on the national Internet radio program Money for Lunch, talking about hot topics in labor, employment, and business law. The first question I was asked was whether, in Texas, an employer can make an employee or potential hire turn over his/her social media password(s). In a…
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Mark your calendar: on October 10, 2012, at 12:20 p.m. CST, I'll be on the radio blog program Money for Lunch talking about the top five developments in labor and employment law: 1. Social media 2. Arbitration 3. Workplace investigations 4. Retaliation & whistleblowing 5. Transgender discrimination Tune in at…
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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 EEOC's 2011 statistics, it is retaliation. Retaliation happens…
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This weekend, I attended the 2012 State Bar Labor and Employment Law Institute CLE. I got to meet Mike Maslanka, a lawyer whom I have admired from a distance for several years. I love hearing Mike talk. He always inspires me and makes me laugh. His talk about professionalism and ethics…
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This week, the Texas Supreme Court decided that the Lilly Ledbetter Fair Pay Act does not apply to the Texas Commission on Human Rights Act (TCHRA), the state law mirroring Title VII. (Click here for my previous blog covering the oral argument of this case.) The Lilly Ledbetter Fair Pay…
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My mother taught me never to talk about sex, politics, or religion in a social setting. You might ask: where’s the fun in that? But for employers, training employees to avoid these topics in the workplace is not only more fun than getting sued for discrimination or harassment, it is…
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In 1964, Congress passed the Civil Rights Act. Title VII of the Civil Rights Act outlawed major forms of discrimination, including discrimination based on race, national origin, religion, and sex. At the time, sex discrimination meant discrimination against women. Today, however, courts are grappling with the boundaries of sex discrimination…
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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 decisions by the National…
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