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 »
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 »
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 »
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 »
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 »
On March 12, 2013, the National Labor Relations Board (NLRB) announced its decision to file a petition for certioriari with the Supreme Court. The NLRB wants the Court to reverse or clarify the decision in “Noel Canning” where the D.C. Circuit held that the recess appointments to the Board by President Obama were invalid. In order for… Continue Reading »
While Obama gave his State of the Union Address last night highlighting his stance on gun control, I witnessed a very different stance on gun control at a Council meeting in League City, Texas. I was there to deal with a contract matter before the council, but did witness a room full of supporters for City Councilwoman Heidi Thiess’s resolution… Continue Reading »
Obama Administration (through the U.S. Department of Health and Human Services) releases proposed new rules on Friday, February 1, 2013, regarding what faces religous employers as they fight a battle at the United States Supreme Court regarding the requirements of providing free birth contral under the federal health care act. Certain religion based employers have been concerned about how the… Continue Reading »
About 90% of all employers check criminal convictions for some hiring decisions. About 70% of all employers check criminal convictions for all positions (as noted by a recent survey by the Society for Human Resource Management). The Equal Employment Opportunity Commission (“EEOC”), wants employers to rethink these criminal background checks. Although racially neutral on its… Continue Reading »
