Texas Employment Law Blog

Texas Employment Law Blog

Employment Law and Discrimination Issues

Category Archives: HR Management

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Non-Competes Are Out of Control

Posted in HR Management, Legislation
A recent New York Times article discusses the fact that employers are feeling increasingly free to abuse non-competes and force all types of employees, from camp counselors to hairdressers, to agree to them in order to keep their jobs. The article notes: Noncompete clauses are now appearing in far-ranging fields beyond the worlds of technology, … Continue Reading

Massachusetts Moves to Ban Employee Noncompetes

Posted in HR Management, Legislation
Following California, Massachusetts appears to be moving closer to banning noncompete “agreements” in the employment context. Dawn Mertineit and Erik Weibust report in the Trading Secrets blog: As the New York Times reported on Sunday, many of those who testified at the hearing opined that employee non-competes stifle competition.  For example, several legislators spoke of constituents who … Continue Reading

Mandatory Arbitration: How American Employers Opt Out of the Justice System

Posted in HR Management, Legislation, Trial Practice & Litigation Issues
Mandatory forced arbitration is a nationwide problem in the employment context that needs to be addressed by lawmakers.  A recent study reported that roughly three-quarters of Americans believe they can sue an employer or company should they be seriously harmed or have a major dispute arise – even if they are bound by forced arbitration … Continue Reading

In Defense of Workers: Rewarding Work Without Requiring Indentured Servitude

Posted in HR Management, Legislation
There has been much talk, full of sound and fury, signifying little this past week as many on both sides of the political discourse have tried to digest and then spin a recent report from the Congressional Budget Office attempting to project the possible effect of the Affordable Care Act on the country’s workforce. According … Continue Reading

“Big Data” Could Create Big Discrimination Problems

Posted in Age Discrimination, Disability Discrimination, FMLA, HR Management, Pregnancy Discrimination, Race / National Origin Discrimination, Sexual Discrimination, Social Media
According to Microsoft principal researcher Kate Crawford, personal data harvested by marketers is growing so vast and far reaching that it is threatening to unleash a new wave of digital discrimination, one that ordinary people won’t even be able to see happening. Combining the troves of information collected by retailers, mobile carriers, Internet companies and … Continue Reading

Labor Day 2013 – It’s Time to Stand Up

Posted in HR Management, Legislation, NLRB, Other Articles
Labor Day: a holiday designed to show respect for America’s organized labor. Originally proposed by the secretary of New York’s Central Labor Union, the holiday was slowly adopted, state by state, until 1894. That year, the massive Pullman car strike ended with the massacre of 30 people, $80 million in property damage, and a national … Continue Reading

Employees: HR is NOT Necessarily There to Help You

Posted in Age Discrimination, Disability Discrimination, FMLA, HR Management, Noncompete Law, Overtime Law, Pregnancy Discrimination, Race / National Origin Discrimination, Retaliation, Sexual Discrimination, Unemployment & COBRA, Wage & Hour Law, Workers Compensation Discrimination, Workplace Injuries
A good article by Alison Green last week discussing the difference between what many employees believe is the role ofHR and the reality of what function actually serves in a company. Here are her main points: HR isn’t there to be your advocate.  HR isn’t obligated to keep what you tell them confidential, even if you ask them to. … Continue Reading

More Lawsuits on the Way Because Companies Are Still in Denial About Discrimination in the Workplace

Posted in Age Discrimination, Disability Discrimination, HR Management, Pregnancy Discrimination, Race / National Origin Discrimination, Sexual Discrimination
In the article, In denial: Corporate America’s blindness to gender discrimination the author, Jonathan A. Segal, makes some good points regarding the continued presence of gender discrimination in the workplace. The article points out that business risks, just like legal risks, come hand-in-hand with gender discrimination. “How can a company expect to survive, let alone thrive, if … Continue Reading

Weekly Reading List – June 3, 2013

Posted in HR Management
Here are a few interesting articles to get your week started: General Employment Law & HR Issues Supreme Court Possibly Tips Hand in Affirmative Action Case Military Sexual Assault Problem Has Deep Roots Representative Marsha Blackburn: Women ‘Don’t Want’ Equal Pay Laws Study finds Muslim women wearing headscarfs face job discrimination You Can Still Lose … Continue Reading

Weighing the Pros and Cons of Employer Wellness Programs

Posted in Disability Discrimination, FMLA, HR Management
As employer wellness programs become increasingly more common, so do questions regarding their benefits and drawbacks. On May 8, 2013, the EEOC issued a press release that outlined a meeting of a panel of representatives of business, advocacy groups, and providers held that same day. You can read the full press release here. According to … Continue Reading

New Law Keeps Illinois Employers Out Of Employees’ Facebook

Posted in HR Management, Social Media
Last week, Illinois became the second state in the nation to enact a law banning employers from requesting passwords for Facebook and other social media accounts from employees and job applicants, reflecting a growing trend. The Illinois statute bars employers from demanding passwords or otherwise accessing the nonpublic portions of workers’ social media profiles. It does not prohibit employers from maintaining … Continue Reading

EEOC Guidance: Using an Individual’s Criminal History in Hiring Decisions May Violate Anti-Discrimination Laws

Posted in HR Management, Race / National Origin Discrimination
On April 25, 2012, the EEOC issued a new Guidance regarding the use of arrest and conviction records in the hiring process. The EEOC’s goal in issuing the Guidance is to ensure that arrest and conviction records are not used in a discriminatory way by employers in violation of Title VII of the Civil Rights … Continue Reading

Texas Leads The Nation In EEOC Charge Filings

Posted in Age Discrimination, Disability Discrimination, HR Management, Lawsuit Filings, Pregnancy Discrimination, Race / National Origin Discrimination, Retaliation, Sexual Discrimination
This blog’s humble author is quoted in a Law360 story today about the dubious distinction Texas has as the state responsible for more EEOC Charge filings than any other state: "More federal workplace discrimination charges were filed in Texas than in any other state in 2011, with 10 percent of all charges nationwide lodged there, … Continue Reading

Big Mistake for Employers to Demand Employees’ Facebook Passwords

Posted in HR Management, Legislation
Last week Facebook issued a statement stating that they have seen an increasing number of employers attempting to force their way onto employees’ Facebook accounts by demanding employees turn over their passwords as a condition of employment.  The company’s Chief Privacy Officer, Erin Egan, issued the statement:  In recent months, we’ve seen a distressing increase in … Continue Reading

Martin Luther King, Jr.

Posted in Age Discrimination, Disability Discrimination, HR Management, Pregnancy Discrimination, Race / National Origin Discrimination, Retaliation, Sexual Discrimination
"This is not a black holiday; it is a people’s holiday," — Coretta Scott King, Nov. 2, 1983.  A Baptist minister, King became a civil rights activist early in his career. He led the 1955 Montgomery Bus Boycott and helped found the Southern Christian Leadership Conference in 1957, serving as its first president. King’s efforts … Continue Reading

2012 Employment Law Predictions

Posted in HR Management, Overtime Law
Employment Lawyer Daniel Scwhartz has a piece out this week in the Connecticut Law Tribune titled "What Does Magic 8-Ball Think About 2012?"  Daniel discusses many expected 2012 employment law developments both nationally and in his home state, including expected Supreme Court decisions.  He is keeping his eye on:   Christopher v. SmithKline Beecham Corp, … Continue Reading