’Tis the Season to Go Shopping…and for Employers to Enforce Employment Policies Regarding Internet Use
/cdklawyers.com// 12/01/2010 Many Americans dive into the holiday season with enthusiasm and many also try to complete their online shopping while at work. Yet employees who shop online while at work not only reduce productivity, but they also put company computers at risk for viruses, spam and other Internet-born ills. What can an employer do […]
EEOC Issues Final Regulations Regarding the Genetic Information Nondiscrimination Act
/cdklawyers.com// 11/28/2010 The Equal Employment Opportunity Commission (“EEOC”) recently issued final regulations regarding the Genetic Information Nondiscrimination Act of 2008 (“GINA”). GINA prohibits an employer from discriminating against an employee because of the employee’s genetic information. Specifically, GINA prohibits an employer from using genetic information when making employment decisions, restricts an employer from acquiring certain […]
Employers May Need to Implement Social Media Employment Policies
/cdklawyers.com// 11/26/2010 “Social media” refers to online media that facilitates conversations via the Internet and that allows users to share in creating the media’s content. Social media examples include Facebook and Twitter. Because social media use has exploded in recent years, employers may need to address its use with specific social media employment policies. A […]
Hosting an Office Party–Avoiding Unintended Legal Consequences
/cdklawyers.com// 11/19/2010 With the holidays approaching, many employers plan to host office parties. While these events can be fun, morale-boosting experiences, they can also lead to unintended legal consequences. Keith Clouse, a Dallas employment law attorney who frequently counsels employers on employee issues, offers the following suggestions: • Do not require employees to participate. For a […]
Terminating an Employee Who Belongs to a Protected Class
/cdklawyers.com// 11/18/2010 An employer’s reason for discharging an employee cannot be based on the employee’s membership in a class protected by law. For example, an employer cannot fire an employee because the employee is of a certain race or religion or because the employee is pregnant. But, of course, an employer may fire an employee […]
Employers May Need to Update Employee Handbooks for Calendar Year 2011
/cdklawyers.com// 11/08/2010 As the final months of 2010 come around, many employers may be thinking ahead to 2011. The coming new year provides a chance for an employer to reflect on which company policies are working (or not working) and to verify that its policies comply with all applicable laws. Reviewing and updating an employee […]
What Are an Employer’s Obligations Regarding Pay Earned During Holiday Weeks?
/cdklawyers.com// 11/07/2010 With the holiday season approaching, many employers and employees may be wondering what an employer’s obligations are regarding compensation earned during holiday weeks. The Fair Labor Standards Act, the federal law that regulates minimum pay standards and overtime compensation, applies to workers who are not specifically exempt from its coverage. Importantly, the FLSA […]
Halloween Parties at Work: A Trick or a Treat?
/cdklawyers.com// 10/28/2010 Some employers host office parties to celebrate Halloween. These parties can boost morale and encourage camaraderie among employees. But, to avoid legal exposure, an employer should consider taking some precautions. First and foremost, an employer should never force an employee to participate in a Halloween celebration. Second, an employer should establish guidelines for […]
Texas Supreme Court Enforces Arbitration Agreement in Employment Discrimination Matter
/cdklawyers.com// 10/25/2010 The Texas Supreme Court recently ruled that an arbitration agreement between an employer and a former employee should be enforced. In re 24R, Inc., No. 09-1025 (Tex. Oct. 22, 2010), available at http://www.supreme.courts.state.tx.us/historical/2010/oct/091025.htm. The former employee filed an employment discrimination lawsuit, and the employer moved to compel arbitration based on a signed arbitration […]
Dallas Court of Appeals Enforces Forum Selection Clause in Employment Contract
/cdklawyers.com// 03/23/2010 The Court of Appeals located in Dallas, Texas recently enforced a forum selection clause contained in an employment agreement. Godenick v. Mannatech, Inc., No. 05-09-00269-CV (Tex. App.—Dallas March 3, 2010, no pet. h.), available at http://www.5thcoa.courts.state.tx.us/cgi-bin/as_web.exe?c05_10.ask+D+4781377. In the employment agreement, the parties agreed to exclusive venue and personal jurisdiction in Dallas County, Texas […]
Discovery Matters in Lawsuits over Employment Law Issues
Employers and employees may find themselves in litigation with one another over a breach of contract issue, the breach of a non-compete agreement, or a discrimination or retaliation matter. Sometimes, the parties can resolve their differences easily. But if the parties are not able to resolve the case at the outset, they must participate in […]
Fifth Circuit Rules for Employer in Retaliation Claim under Texas Health and Safety Code
/cdklawyers.com// 03/07/2010 The Fifth Circuit ruled for an employer in a workplace retaliation matter. Johnson v. Diversicare Afton Oaks LLC, No. 08-20827 (5th Cir. Feb. 17, 2010), available at http://www.ca5.uscourts.gov/opinions/pub/08/08-20827-CV0.wpd.pdf. The plaintiff, an assistant director at a nursing home, failed to investigate an alleged incident of resident abuse and was suspended pending an investigation into […]