TX LEGAL EDGE

employment

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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 »

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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 »

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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 »

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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 »

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Texas Firm Ordered To Pay Disabled Workers $1.4 Million

Carol Keough September 19, 2012

A Texas company that profited for decades by supplying mentally disabled workers to an Iowa turkey plant at wages of 41 cents per hour must pay the men $1.37 million in back wages, a federal judge ruled late Tuesday. The judgment against Henry’s Turkey Service of Goldthwaite, Texas is the third of more than $1… Continue Reading »

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Keeping Your Business Legal

Carol Keough September 18, 2012

Some Deductions from An Employee Paycheck Are Illegal The State of Texas protects employees under the Texas Payday Act from unfair actions by employers in paying or failing to pay employees.  An employee can go to the Texas Workforce Commission (TWC) and complain that he has not been paid all of his wages for the… Continue Reading »

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