Last week, the Ninth Circuit Court of Appeals handed down an important decision for employers under the Computer Fraud and Abuse Act (CFAA) in U.S. v. Nosal. While Nosal was a criminal case initiated by the U.S. government against a former private-sector employee, the 2-1 decision may be applied in the civil context due to […]
Why the Ninth Circuit’s “Password Sharing” Decision is Relevant for All Employers
A SLIPPERY AREA FOR EMPLOYERS: “SHOES FOR CREWS”
Mike Logan and Alexandra Easley discuss recent cases concerning the popular “Shoes for Crews” program utilized by many restaurants. These new cases could have major implications on the use of this program by hospitality companies. Read the article here.
TEXAS SUPREME COURT PROVIDES GUIDANCE ON HOW BEST TO PROTECT TRADE SECRETS DURING AN INJUNCTION PROCEEDING
On May 20, 2016, the Texas Supreme Court issued an opinion providing guidance on how courts should handle injunction actions involving claims related to theft of trade secrets. The case involves two competitors that provide solid-control equipment and services to the oil and gas industry, M-I L.L.C. d/b/a M-I Swaco (“M-I”) and National Oilwell Varco, […]
Dewan – Game-changing Overtime Case for Energy Industry
AJ Johnson discusses the Dewan decision in her post on the Energy Law Today blog.aj
What Texas Employers Need to Know Regarding the Open Carry Law
This blog was co-authored by AJ Johnson and Trent Rexing. The New Year brought new law to Texas making it the 45th state to allow some form of open carry of handguns. On January 1, 2016, new law went into effect allowing Texans who hold a concealed handgun license (“CHL”) to openly carry their handguns […]
Say What?! Employee Protected Speech Under the NLRA Knows Few Bounds
Common wisdom states that private-sector employees have no free speech rights – but this perception is rooted only in First Amendment law. The truer statement is that employees’ First Amendment free speech rights may be limited by the employer, but protected speech rights under the National Labor Relations Act (NLRA) may not be restricted. The […]
New DOL Overtime Regulations
Director AJ Johnson’s latest post on Energy Law Today focuses on the upcoming overtime regulations by the Department of Labor.
Providing Reasonable Accommodations to Employees With Disabilities- The Interactive Process
Employment lawyers often receive telephone calls and become involved in lawsuits relating to what an employer must do once an employee is deemed disabled or is put on light duty work restrictions by a health care provider. Under the Americans with Disabilities Act (“ADA”), employers are required to provide reasonable accommodations (or changes to the […]
Background Checks? Be Careful!
Class action lawsuits relating to background checks of applicants and current employees are a very hot area among plaintiff’s employment lawyers. The number of Fair Credit Reporting Act (FCRA) lawsuits has proliferated significantly over the past couple of years, as employers can run into issues relating to pre-check notice and consent obligations, post-check requirements if taking adverse […]
DOL releases much-anticipated proposal to change overtime regulations
On Tuesday, the U.S. Department of Labor released its proposed rule to change overtime regulations. The focus of the proposed change is to increase the minimum salary threshold under the “white collar” exemptions from $23,660 to $50,440 per year. Thus, under the commonly-used executive, professional, and administrative exemptions, an employer must pay the employee a […]