TX LEGAL EDGE

Monthly Archives: February 2013

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Dust off those Human Resources New Year’s Resolutions

Carol Keough February 25, 2013

Now nearing the last week in February 2013, how many of those New Year’s Resolutions which affect the way your business will deal with your employees are now gathering dust?  As an employer did you promise to revise your Employee Handbook and Policies to capture all the changes in state and federal laws?  Did you… Continue Reading »

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Employer’s Nondelegable Duty to Provide Safe Workplace

Carol Keough February 22, 2013

After hearing the story about Carnival’s stranded cruise liner last week in the Gulf of Mexico, I thought about the many employees aboard the ship that worked probably overtime and in difficult conditions to aid in the ship’s voyage back to America. From my understanding, the employees of a cruise ship generally have the quarters… Continue Reading »

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Obama’s Recess Appointments Invalidated

Carol Keough February 14, 2013

The D.C. Circuit recently held that President Obama’s recess appointments of three members to the National Labor Relations Board (NLRB) were unconstitutional.  Without these three appointees, the NLRB lacks a necessary quorum to deliver decisions.  The opinion of the D.C. Circuit in Canning v. National Labor Relations Board, (January 25, 2013), was that the Board did… Continue Reading »

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League City Voted Yes to Refuse to Enforce Federal Gun Laws

Carol Keough February 13, 2013

While Obama gave his State of the Union Address last night highlighting his stance on gun control, I witnessed a very different stance on gun control at a Council meeting in League City, Texas.  I was there to deal with a contract matter before the council, but did witness a room full of supporters for City Councilwoman Heidi Thiess’s resolution… Continue Reading »

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Cell Phone Unlocking Could Be a Jail Sentence

Carol Keough February 9, 2013

Have you ever heard of people jail breaking their phone?  Some people jail break the phone so that they can “unlock” it and then switch the phone to  different phone carriers.  I have and love my iphone, but I am not a cell phone guru, so the first time that I really heard about unlocking of phones… Continue Reading »

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New Birth Control and Religious Employer Rules Released Today

Carol Keough February 1, 2013

Obama Administration (through the U.S. Department of Health and Human Services) releases proposed new rules on Friday, February 1, 2013, regarding what faces religous employers as they fight a battle at the United States Supreme Court regarding the requirements of providing free birth contral under the federal health care act.  Certain religion based employers have been concerned about how the… Continue Reading »

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5th Circuit Warning to Insured – Notify your Insurance Company

Carol Keough February 1, 2013

On January 17, 2013, the Federal Fifth Circuit affirmed a summary judgment against an insured, Mr. Reeder, for his mistake of keeping  his insurance company in the dark.  Jamestown Insurance Company, the insurer, argued on appeal that because of the conduct of Mr. Reeder, their insured, Jamestown Insurance Company was not required to defend or indemnify… Continue Reading »

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