TX LEGAL EDGE

Category Archives: Employment Law

42

NLRB Headed to the Supreme Court On The Obama Recess Appointments

Carol Keough March 12, 2013

On March 12, 2013, the National Labor Relations Board (NLRB) announced its decision to file a petition for certioriari with the Supreme Court.  The NLRB wants the Court to reverse or clarify the decision in “Noel Canning” where the D.C. Circuit held that the recess appointments to the Board by President Obama were invalid. In order for… Continue Reading »

36

Did you miss the FMLA Poster Compliance Deadline?

Carol Keough March 12, 2013

This past Friday on March 8, 2013, all covered employers must post the new Family Medical Leave Act (“FMLA”) posters approved by the Department of Labor (“DOL”) in a place where all employees and job applicants may see it.  Maybe an employer does not have employees who qualify for FMLA at one of their companies… Continue Reading »

46

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 »

44

Employer’s Nondelegable Duty to Provide Safe Workplace

Trisha Barita 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 »

55

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 »

62

Employee Waiver of Class Actions in Arbitration Agreements

Carol Keough February 12, 2013

On February 4, 2013, the Fifth Circuit heard argument on whether the National Labor Relations Board (NLRB) correctly ruled on January 6, 2012,   that D.R. Horton violated the National Labor Relations Act (NLRA) by maintaining a mandatory arbitration agreement which waived the rights of its employees to participate in collective or class actions.   D.R…. Continue Reading »

3

New Birth Control and Religious Employer Rules Released Today

Trisha Barita 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 »

3

EEOC’s E-Race Campaign

Carol Keough November 8, 2012

About 90% of all employers check criminal convictions for some hiring decisions.  About 70% of all employers check criminal convictions for all positions (as noted by a recent survey by the Society for Human Resource Management). The Equal Employment Opportunity Commission (“EEOC”), wants employers to rethink these criminal background checks.  Although racially neutral on its… Continue Reading »

46

Employee Job Descriptions Can Make a Difference in Whether the Employer Has Potential Liability Under the Americans with Disabilities Act (ADA)

Carol Keough November 8, 2012

Even with a disability, a person must be able to perform the essential functions of the job with or without a reasonable accommodation.  For example, if an employee is hired to do deliveries, one of the essential functions of the job is driving.  If a person has a disability and cannot drive, then that person… Continue Reading »

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