In November 2016, I wrote in this blog about Guidance issued by the Antitrust Division of the Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) (collectively the “Agencies”),[1] concerning the application of the antitrust laws to hiring practices. Although, often not fully appreciated by human resource professionals, the companies for whom they work […]
Does The Antitrust Guidance For Human Resource Professionals Criminalize No Poaching Agreements?
Evacuation Discrimination? Yes, you can be sued for this.
It’s been one month since Hurricane Harvey made landfall in Rockport, but most companies are just now fully appreciating the after-effects. Some companies still haven’t reopened, and many more have had to make tough decisions about their workforce. Here are 3 Texas initiatives that HR leaders will be dealing with as work resumes: Emergency Evacuation […]
Can I Fire My Employee for Attending a Protest?
In the wake of the Charlottesville tragedy, several Twitter crowdsourcers have undertaken to “out” attendees of the “Unite the Right” rally to their employers and the community at large. Some employers have subsequently fired those employees attending the rally. Without any political polemics, let’s discuss whether this is permitted. The Right to Assemble Affords No […]
A Return to Common Sense: Fifth Circuit Guidance on Handbooks
T-Mobile USA, Inc. v. National Labor Relations Board[1] or the Case of “Woulda, Coulda, Shoulda.” Employers are caught between a rock and a hard place. Courts demand rules for employee conduct, but, when employers oblige and spell out what seem to most to be common sense “I-learned-that-in-kindergarten” rules, they may run into trouble under Section […]
Check out our recent post on the Texas Anti-Slapp Law
AJ Johnson recently posted on the Energy Blog about the Texas Anti-Slapp Law. Read about it here and learn how it might affect employers.
Three Things Employers Should Do When an Employee Resigns
Unemployment is low and the job market is currently tight. In this environment, talented employees are in high demand. Your best and brightest employees could jump ship for “greener pastures.” If your industry is highly competitive, the loss of talent to a competitor could be a real threat. Assuming you have confidentiality, non-solicitation, and (where legal) non-compete agreements […]
School’s Out For Summer…Are you Hiring?
With schools across the country about to wrap up for the year, many teenagers will be looking for jobs to earn some extra spending money or keep themselves occupied this summer. And many employers–in particular restaurants, retail establishments, hospitality, and amusement/recreational facilities–whose businesses pick up in the summer rely upon this short-term labor force to […]
Comp Time In Lieu of Overtime
Offering an employee additional time off in lieu of paying overtime wages is something that, for the most part, is currently limited to government employers. While some private sector employers mistakenly offer such a benefit, it is—with a few exceptions—something that is prohibited under the Fair Labor Standards Act. That could change in the near […]
Supreme Court Deals Blow to Ninth Circuit Power to Review EEOC Subpoena Orders
Yesterday, the Supreme Court held 7-1 that a federal appellate court may only conduct an abuse of discretion review of orders for enforcement of EEOC subpoenas. The case is McLane Co. Inc. v. Equal Employment Opportunity Commission, 581 U.S. — (2017). Because the Supreme Court reversed the Ninth Circuit Court of Appeals, which covers almost […]
Do You Need Employment Practices Liability Insurance?
As employment related claims continue to rise, businesses must evaluate all available options to attempt to mitigate costs and risks associated with these claims. One common way to address these issues is to obtain an Employment Practices Liability Insurance policy, commonly referred to as EPLI. This post provides a brief overview of the purpose of […]