TX LEGAL EDGE

Category Archives: Trending

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, 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, Trending
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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 »

Texas, Trending
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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 »

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 »

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

Commercial Litigation, Labor and Employment Law, Texas, Trending
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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 »

Texas

Employment Law

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