TX LEGAL EDGE

55

Tips to Finding a Resolution For Scent Disabilities

Carol Keough May 20, 2013

Everyday somewhere in the United States an employee asks his employer for a reasonable accomodation under the Americans with Disabilities Act (ADA).  When the Act was amended, disabilities were more broadly interpreted to include employees who have allergic reactions including breathing and coughing problems when exposed to a variety of fragrances or other chemical scents… Continue Reading »

51

Hot Rods, Loud Noise and Event Thrills – Risk of Liability?

Carol Keough April 30, 2013

While I was sitting at the Spring Nationals of the National Hot Rod Association ( NHRA) at the Purple Raceway in Baytown Texas, I wondered as the cars revved up their engines to extremely high decibals who has liability for potential hearing injury to the 200,000 spectators, many of whom appeared to be oblivious to… Continue Reading »

54

Opinionated Online Users Risk Defamation Lawsuits

Trisha Barita April 20, 2013

Remember back to when your Mom would say, “if you don’t have anything nice to say, then don’t say anthing at all.”  Well that key advice is still relevant and applicable today, especially in the world of social media.  Facebook posts, twitter, blogs and anonymous posting sites are like honey to a bee when it comes to the… Continue Reading »

49

Legal Casino Gambling in Texas?

Trisha Barita 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 »

47

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 »

53

Marijuana Invading your Employment Law Policies?

Trisha Barita April 5, 2013

A new survey released by the Pew Institute shows that for the first time in four decades of polling, the majority of Americans (52%) are in favor of legalizing the use of marijuana.  As of the writing of this article, eighteen states have legalized some form of pot as shown in Rolling Stone’s Nifty Pot Map of the… Continue Reading »

63

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 »

44

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 »

34

CVS Employee Policy – Weigh In or Pay Monthly Fine

Trisha Barita 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 »

3

Supreme Court Rules Against Homeowner

Carol Keough March 22, 2013

An insured homeowner, Gregg Knowles (Knowles), whose house had sustained hail damage, alleged that Travelers Co.’s Standard Fire and Insurance Co. had refused to allow homeowners to hire general contractors to fix the damage.  On March 19, 2013, the U.S. Supreme Court ruled on Knowles and other similar claimants case as one of the four pending class… Continue Reading »

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