TX LEGAL EDGE

Commercial Litigation

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, 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, 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 »

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, 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, U.S.
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Did you miss the FMLA Poster Compliance Deadline?

Carol Keough March 12, 2013

This past Friday on March 8, 2013, all covered employers must post the new Family Medical Leave Act (“FMLA”) posters approved by the Department of Labor (“DOL”) in a place where all employees and job applicants may see it.  Maybe an employer does not have employees who qualify for FMLA at one of their companies… Continue Reading »

Commercial Litigation, Labor and Employment Law, Technology Law, Texas, U.S.
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Dust off those Human Resources New Year’s Resolutions

Carol Keough February 25, 2013

Now nearing the last week in February 2013, how many of those New Year’s Resolutions which affect the way your business will deal with your employees are now gathering dust?  As an employer did you promise to revise your Employee Handbook and Policies to capture all the changes in state and federal laws?  Did you… Continue Reading »

Texas

Employment Law

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