December 21, 2010
/cdklawyers.com// 12/21/2010
The Texas Supreme Court recently addressed an issue arising under the Texas Workers’ Compensation Act. Leordeanu v. Am. Protection Ins. Co., No. 09-0330 (Tex. Dec. 3, 2010), available at http://www.supreme.courts.state.tx.us/historical/2010/dec/090330.htm.
The Court answered the question, “Is traveling from one workplace to another while on the way home in the ‘course and scope of employment’?” The […]
December 1, 2010
/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 to […]
November 28, 2010
/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 genetic […]
November 26, 2010
/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 social media […]
November 19, 2010
/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 variety of […]
November 18, 2010
/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 who […]
November 8, 2010
/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 handbook […]
November 7, 2010
/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 generally obligates […]
October 28, 2010
/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 any festivities […]
October 25, 2010
/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 agreement. […]
