Texas Employment Law Blog

Texas Employment Law Blog

Employment Law and Discrimination Issues

Category Archives: HR Management

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Fired Over Fears of Ebola: What you need to know.

Posted in Disability Discrimination, HR Management
Well, it has happened already. My firm is getting calls from employees who have been terminated or fear termination because their employers are afraid they may have contracted Ebola during recent trips to the African continent. I was interviewed this week on WOAI-TV regarding this issue. Here’s the video: I think the most important points … Continue Reading

You May Be More Biased Than You Think

Posted in HR Management
I have spent many years fighting against intentional civil rights violations in the workplace. Workplace discrimination is a terrible thing. It destroys careers, harms families, and is bad for the economy. And most people, I truly believe, are against it. But what science is now showing us is that even very good, well-meaning people can … Continue Reading

The Reader: Work Life Balance in France; Prohibiting Off-Duty Drinking by Alcoholics Violates ADA

Posted in Disability Discrimination, HR Management
Here are the Employment Law Reader Entries for September 22, 2014: Achieving a Work Life Balance in France - Here in America we seem to simultaneously lament the absence of work-life balance while at the same time take pride in our Forty-Hour-Workweeks-Are-For-Wimps work ethic. And while we make light of European views on the topic, my … Continue Reading

Daily Read: Twitter Meets the U.S. Constitution

Posted in Disability Discrimination, HR Management, Trial Practice & Litigation Issues
Several times per week (hopefully) we bring you the best articles in employment law and related workplace HR issues. Here are our picks for Wednesday, August 20, 2014: Can an employer’s social media policy be unconstitutional?  Answer: Maybe, if the policy is from a public employer. Philip Miles covers the case of Pittman v. Garcia, and … Continue Reading

Daily Read: Work Schedule Software Wreaks Havoc • Mental Illness in the Workplace • Retaliation Served up Cold

Posted in Disability Discrimination, HR Management, Retaliation
Here are the best employment law reads for Thursday, August 14, 2014. Enjoy. Working Anything But 9 to 5 New York Times has a very interesting piece on a new challenge for workers. Increasingly, the modern workplace pits sophisticated workplace technology against some fundamental requirements of parenting, with particularly harsh consequences for poor single mothers. Along … Continue Reading

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