TX LEGAL EDGE

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, Texas, U.S.
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Be Proactive When Some Claims Are Not Covered by Insurance

Carol Keough May 30, 2013

The company has been sued.  The claim is turned over to the company insurer.  A letter arrives from the insurer which tells the company that some claims are covered and some may not be covered.  This letter is called a Reservation of Rights letter.  The purpose is to put the company on notice that the… Continue Reading »

Business Law, Commercial Litigation, Texas
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Tick Tock: Statute of Limitations for Contract Lawsuits

Carol Keough May 29, 2013

Contracts are an inevitable part of business and if you deal with alot of contracts in your business, at some point you will likely experience a contract dispute with the other party.  So what are your options to sue them?  How long do they have to sue you?  In Texas, most actions for breach of… 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 »

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 »

Technology Law, Texas
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Opinionated Online Users Risk Defamation Lawsuits

Carol Keough 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 »

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, 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 »

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

Texas

Employment Law

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