Archive | Amy’s Velvet Hammer Blog RSS feed for this section

Amy E. Davis “The Velvet Hammer” is a trial lawyer for businesses and professionals in Dallas, TX. She is always ready to try a case, but is also adept at helping her clients stay out of lawsuits. Check out Amy’s articles on business and professional lawsuits and cases.

Mandatory arbitration for discrimination claims: Is the agreement itself discriminatory?

Mandatory arbitration agreements, which require employees to take discrimination claims to arbitration rather than court, are common in employment contracts, especially in larger employers. Many of those contracts go a step further, including class-action waivers that prevent employees from taking collective legal action. Now a survey from the Economic Policy Institute reveals that employees in […]

Internal Investigations on the Rise in the #MeToo Era

In light of the continuing influence of the #MeToo movement, employers are looking for ways to preempt sexual harassment claims. For many, that means bringing in attorneys that specialize in white collar investigations to find and address potential problems. And, thanks to the publicity surrounding high-profile Hollywood allegations of harassment, organizations are willing to be […]

The Future of Wage and Hour Laws Still Undecided Under Trump

As the Trump administration ends its first year in office, several wage and hour laws enacted by the Obama administration have yet to be addressed. At the American Bar Association’s 11th Annual Labor and Employment Law conference last month, a panel of attorneys discussed these issues, including the definition of joint employer and the salary […]

NLRB General Counsel Expected to Reverse Many Obama Policies

With the confirmation of Peter Robb as general counsel to the National Labor Relations Board (NLRB), the Trump administration took another step away from Obama-era labor policies. Robb replaces Richard Griffin, who had a reputation for being pro-labor, in the board position that functionally serves as chief executive officer, despite the title. As the NLRB’s […]

Non-compete agreements: Are your company’s enforceable?

Non-compete agreements often come under scrutiny, and a recent case illustrates the connection between reasonableness and enforceability of such contracts. In Ag Spectrum Co. v. Elder, the Eighth Circuit court affirmed a trial court’s ruling that the company’s non-compete agreement with an independent contractor was unreasonable and, therefore, not enforceable. The defendant, Vaughn Elder, had […]

The Consequences of Social Media: Is Your Policy Lawful?

For the National Labor Relations Board (NLRB), the ubiquity of social media presents some unique challenges. While the legal standard for protected activity hasn’t changed, the context often gives employees an unpleasant surprise when they realize that the things they say on social media have the same consequences as what they say in person. Online […]