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Supreme Court agrees to consider LGBT discrimination in the workplace

Supreme Court agrees to consider LGBT discrimination in the workplace As mentioned in a prior post, the Supreme Court of the United States will soon resolve uncertainty as to whether Title VII of the Civil Rights Act prohibits discrimination based on gender identity and sexual orientation. In the first two consolidated cases, Altitude Express Inc. v. […]

Noncompete Issues to Watch in 2019

As the year progresses, legal questions and cases regarding noncompete law should prove interesting. In recent years, the trend has been toward limiting noncompete agreements in favor of allowing employee mobility. This year promises challenges on both sides of the issue. Here are a few that we’re watching, as reported by Law360. Anti-Poaching Litigation The […]

Five 2018 Employment Law Cases That Impact Texas

Last year brought a number of important labor and employment cases — both national and local — that could have far-reaching effects on the workplace. A recent article from the Dallas Bar Association reviews five that will significantly affect Texas employers in 2019 and beyond. Epic Systems Corp v. Lewis In a decision we reviewed in […]

When driving and talking on a cell phone don’t mix, what is your liability?

We all do business through mobile phones — how did we ever live without them? But using cell phones inappropriately can present a big problem for employers. Many companies have policies on using cell phones while driving, including requirements to use the car’s hands-free feature and abide by applicable laws. But is the employer liable […]

NLRB Taking a New Look at Employee Use of Work Email

The National Labor Relations Board (NLRB) again is reflecting changes resulting from Trump administration influence, this time regarding employees’ rights to use employer email for protected concerted activities like soliciting support for a labor union, organizing a strike, or complaining about management. Earlier this month, the Board invited briefs on whether it should uphold, modify, or […]

Justice Kennedy’s Impact on Employment Law

With the U.S. Supreme Court term winding down its term, the biggest news is the retirement of Justice Anthony Kennedy, effective July 31. Kennedy made a significant impact on the court, frequently casting socially progressive votes despite his generally conservative views. His decisions in gay rights cases serve as examples of Kennedy’s even-handedness in employment […]

Employers Win in Supreme Court Mandatory Arbitration Decision

As we noted in a previous post, the Supreme Court has been considering three cases that challenged mandatory arbitration in employment contracts. At odds were the Federal Arbitration Act (FAA), which provides that an agreement to arbitrate a dispute is enforceable and irrevocable, and the National Labor Relations Act (NLRA), which states that employees have […]