TX LEGAL EDGE

Category Archives: Texas

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Legal Casino Gambling in Texas?

Carol Keough April 12, 2013

The news this past week on the Texas gambling movement is that the Texas legislature will potentially revist the issue of gambling in Texas.   I have been hearing about gambling in Texas since the day I was born.  There is always a rumor here or there that it might happen and then nothing happens.  So I,… Continue Reading »

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Investigating Supervisor Wrongdoing

Carol Keough April 12, 2013

One of the biggest mistakes that an employer can make is failing to conduct a fair and unbiased investigation when a supervisor is accused of wrongdoing by an employee.  In many years of consultations with employers, I have found that companies often rely on Human Resources to provide the unbiased review of supervisor conduct to… Continue Reading »

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Supreme Court Sinks Comcast Class Action

Carol Keough April 5, 2013

Philadelphia customers sued Comcast Corporation arguing Comcast’s complete control over cable service in parts of Philadelphia allowed Comcast to raise prices unfairly.  The customers had several different theories as to how they were harmed by Comcast’s monopoly of the cable service business.  The United States Supreme Court held the customers were not a proper class… Continue Reading »

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Fired Employee loses to Employer on Arbitration Clause

Carol Keough April 2, 2013

Gary Klein worked as a floor hand on a drilling rig for Nabors Drilling USA L.P. (Nabors).  Nabors asked him to sign an acknowledgment, as a condition of his employment, that he would agree to bring all disputes through the Nabors Dispute Resolution Program (Program).  At some point Nabors fired Mr. Klein.  Believing that he was fired… Continue Reading »

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CVS Employee Policy – Weigh In or Pay Monthly Fine

Carol Keough March 26, 2013

Employer CVS’s new policy for its employees using the company health insurance is that they see a physician for a health screening disclosing their weight, height, BMI and other health info or face a $50/monthly penalty ($600/year).  Although wellness programs have been around for awhile, this sheds new light on how an employer is using a penalty to… Continue Reading »

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State Farm Wins Jurisdiction Fight

Carol Keough March 21, 2013

Policyholders and insurers usually face an initial jurisdiction fight over a lawsuit filed in state court because insurers find federal jurisdiction more appealing than state court.  On February 19, 2013, the federal Western District of Texas found in favor of State Farm and denied sending the Texas Insurance Code and Deceptive Trade Practices lawsuit of two homeowners, Ronald… Continue Reading »

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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 »

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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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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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