TX LEGAL EDGE

Category Archives: Labor and Employment Law

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 »

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 »

Commercial Litigation, Labor and Employment Law, Texas, U.S.
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Terminating Female Employee for Pumping Breast Milk Is Sex Discrimination

Carol Keough May 31, 2013

Both Title VII and the Pregnancy Discrimination Act (PDA) prevent an employer from firing an employee for pumping breast milk during working hours according to a new decision from the Fifth Circuit Court of Appeals decided on May 30, 2013, called EEOC v. Houston Funding II.  The Equal Employment Opportunity Commission (EEOC) brought suit against Houston… Continue Reading »

Commercial Litigation, Labor and Employment Law, Texas, U.S.
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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 »

Commercial Litigation, Labor and Employment Law, Texas, U.S.
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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 »

Commercial Litigation, Labor and Employment Law, Trending, U.S.
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Marijuana Invading your Employment Law Policies?

Carol Keough 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 »

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Employment Law

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