A prior blog post on this site addressed the issue of making sure your company’s wellness program complied with EEOC and ADA restrictions on obtaining health and medical information regarding your employees. Since that post, the EEOC has now recently proposed a rule that is aimed at providing clarity on an employer’s ability to implement […]
EEOC Proposes New Rule On Wellness Programs
FMLA Same-Sex Spouse Rule: Enjoined
The new DOL same-sex rule that took effect this week under the Family and Medical Leave Act has been temporarily halted from enforcement. On March 26, the United States District Court in Dallas issued a preliminary injunction against application of the new rule. Texas, Arkansas, Louisiana and Nebraska filed suit seeking the injunction. The States […]
Family Medical Leave Act Now Covers Same-Sex Couples
The U.S. Department of Labor recently finalized a rule to extend the protections afforded by the Family Medical Leave Act to married same-sex couples. The new “place of celebration” rule allows all legally married couples, whether traditional same-sex marriages or opposite-sex marriages, to receive FLMA benefits. The definition of “spouse” was modified accordingly. The new rule […]
Fast food non-compete agreements?
Fast food is very secretive. Colonel Sanders Kentucky Fried Chicken has eleven secret herbs and spices. Bakers have attempted to reverse engineer Mrs. Fields Chocolate Chip Cookie recipe, but it remains a closely held secret. Coca Cola has had a secret formula since 1886. And now, apparently, Jimmy John’s thinks its sandwich-making process is top […]
Uber: Is it Safe (Part 2)
Since my last post on this topic, Uber has been back in the news regarding the safety of its service. In Delhi, in response to the report of an alleged rape by one of its drivers, Uber announced that it is taking additional steps to screen drivers. Uber has hired a “local team of specially-trained safety experts” to […]
UBER: Is it Safe?
The news media has been on fire with reports relating to Uber and the safety concerns associated with this “new” transportation service. Uber hires “independent contractors” to serve as drivers, while it’s software (in particular, it’s cell phone apps) serves as the dispatch center and handles payment. It is an innovative use of technology, and it […]
The Holiday Party Season—Celebration or Employer Nightmare?
As we move past Thanksgiving, many companies will hold parties to celebrate the holiday season. These parties are a great morale booster and provide a means to recognize outstanding employees, as well as celebrate and give thanks for your company’s many accomplishments over the past year. However, holiday parties can also present some practical and […]
Statutory Limitations on Claims for Negligent Hiring and Supervision
On June 13, 2013, Governor Rick Perry signed H.B. 1188, codified under Texas Civil Practice & Remedies Code § 142.001, et seq., that is designed to limit claims against employers for negligent hiring and supervision of employees. Pursuant to § 142.002 of the Texas Civil Practice & Remedies Code, an employer may not be liable […]
The NLRB Invites Comments Before Reaching a Final Decision on Whether to Grant Northwestern University Football Players the Right to Unionize
On March 26, 2014, Peter Sung Ohr, the National Labor Relations Board’s (“NLRB”) Regional Director in Chicago, ruled that football players at Northwestern University were properly classified as employees of the University and, therefore, had the right to unionize. This decision immediately received national attention, as colleges and universities scrambled to determine the potential effects […]