TX LEGAL EDGE

Labor and Employment Law, Supreme Court, Trending, U.S.
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Does Title VII Prohibit Discrimination Based on Sexual Orientation or Gender Identity?

Carol Keough October 10, 2019

The Supreme Court just heard argument for three cases to decide these legal issues. Can males be fired for being gay? What about women can they be fired for being lesbian? Is there a violation of federal law under Title VII when the basis for termination is sexual orientation? Two men in separate cases were… Continue Reading »

Labor and Employment Law, Texas, Trending
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Uber Drivers are Independent Contractors – NLRB and Department of Labor Weigh In

Carol Keough May 15, 2019

An Advice Memorandum from the Associate General Counsel from the National Labor Relations Board (General Counsel) issued on May 14, 2019 concluded that UberX and UberBlack drivers were independent contractors by applying a common-law agency test.  In an opinion letter from the Department of Labor (DOL) issued on April 29, 2019, the Department of Labor… Continue Reading »

Business Law, Labor and Employment Law, Trending, U.S.
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Compliance Alert to Federal Contractors – OFCCP August 2018 Directive

Carol Keough September 7, 2018

The Office of Federal Contract Compliance (OFCCP) is tasked with ensuring that Executive Order 11246 is enforced prohibiting federal contractors and federally–assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identity or national origin. … Continue Reading »

privacy and smart phone
Supreme Court, Trending
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U.S. Supreme Court rules to Protect Privacy Rights with Smart Phone Searches

Carol Keough June 25, 2014

On the issue of privacy, there is always a balance to be struck between what sacrifice must be made in order to continue to maintain and protect our right to privacy.  The U.S. Supreme Court expressed an opinion today that law enforcement’s ability to search through cell phones they obtain during an arrest is not… Continue Reading »

Commercial Litigation, Texas
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Defective Tennis Court Not Excluded Under CGL Policy

Carol Keough February 21, 2014

The Texas Supreme Court concluded that damages caused by the defective work of Ewing Construction Company in constructing tennis courts for a school district was not excluded from coverage by the contractual liability exclusion in a CGL policy.  The Fifth Circuit certified a question to the Supreme Court in Ewing v. Amerisure, 2014 WL 185035… Continue Reading »

Business Law, Commercial Litigation, Texas, U.S.
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INSURANCE POLICIES – TIMING CAN BE EVERYTHING IN COVERAGE DISPUTES

Carol Keough July 16, 2013

Every business operates by using contracts or agreements to sell or purchase goods and services.  When the business wants to know the terms of the deal with a vendor or professional, the business looks to the agreement between the two parties.  Insurance policies are contracts.  The policy describes the deal between the insurer and the… Continue Reading »

Business Law, Commercial Litigation, Supreme Court, U.S.
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Supreme Court Ruling on Class Action Arbitration

Carol Keough June 25, 2013

In a world where litigation can extend out over many years and costs may exceed hundreds of thousands of dollars, arbitration has often been an attractive alternative to a lawsuit.  The Supreme Court on May 10, 2013, in Oxford Health Plans v. Sutter (US Supreme Ct 06/10/2013) upheld the right of the arbitrator to determine… Continue Reading »

Business Law, Commercial Litigation, Labor and Employment Law, Texas, U.S.
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Arbitration or Lawsuit – Employment Disputes – Where Will Your Business Be?

Carol Keough June 20, 2013

The business owner can often make the choice between arbitration or lawsuit.  Where do you want to be if there is a dispute with one of your employees?  In litigating employment cases, I have stood before a jury of twelve people and watched their reaction to the story of an employee who was allegedly terminated… Continue Reading »

Commercial Litigation, Labor and Employment Law, U.S.
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The Runny Egg Saga

Carol Keough June 6, 2013

The Fifth Circuit Court of Appeals on May 17, 2013 decided whether the Department of Human Services (DHHS) decision could stand that smeared egg yolk on a plate meant eggs were unsafe to serve to elderly residents.  In employment law and many other areas of federal law, the Code of Federal Regulations (CFR) is like… Continue Reading »

Commercial Litigation, Labor and Employment Law, Trending, U.S.
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Corporate Disaster? – Taco Bell Employee Licking Taco Shells

Carol Keough June 5, 2013

First off, I love tacos and they are a Texas staple that can be found all over from the taqueria stands, fancy food trucks to the tons of Tex-Mex Restaurants. That being said, it’s a bad week for taco shells.  Taco Bell is in the news for the alleged Taco Bell taco shells that were photographed being licked by… Continue Reading »

Texas

Employment Law

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