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Texas

Court: Arbitrators — not judges — should decide validity of arbitration agreements

09/06/2016
The 5th Circuit Court of Appeals has handed arbitrators the power to decide if arbitration agreements are valid. The appeals court ruled that it was legitimate to ask whether an arbitration agreement applied to an employee’s pre-existing Fair Labor Standards Act claim, but that it was a question best answered not by a judge, but by an arbitrator.

Legitimate discipline isn’t retaliation

09/06/2016
Some managers fear disciplining a worker who has complained about discrimination or other allegedly illegal conduct. Quite reasonably, they worry that punishing an employee after he or she complains may precipitate a retaliation claim.

Relax! Your arbitration agreement is likely valid

09/04/2016
As long as you get expert legal help creating a valid arbitration agreement, Texas courts will probably enforce it.

Is comp time in lieu of overtime legal?

08/11/2016
Q. We have a team of nonexempt hourly employees who will soon be putting in significant overtime for an important project. May we compensate them for their overtime work with additional paid vacation time equal to the total accrued overtime?

Do we have leave obligations to help a potential victim of domestic violence?

08/11/2016
Q. One of our employees may be a victim of family violence. What are our legal obligations to provide leave for family violence victims under Texas and federal law?

National origin bias: Heed new EEOC rules, increased enforcement

08/11/2016
In June, the EEOC proposed new regulations concerning Title VII’s national origin provisions. National origin discrimination complaints comprise about 11% of the charges the EEOC receives each year. The new proposed EEOC regulations target job segregation, human trafficking and intersectional discrimination.

Deal with health care cyber-attacks, data security & government audits

08/11/2016

The costs involved are growing … but the consequences of not spending are brutal.

Austin Park N Pizza pays $20,000 to settle disability suit

08/11/2016
Last year, the EEOC sued Austin’s Park N Pizza amusement park, alleging it failed to accommodate a disabled employee. Now the park has settled the dispute for $20,000 and significant injunctive relief.

Texas court blocks union ‘persuader’ rule, appeal likely

08/11/2016

A federal court in Texas on June 27 ruled that the Department of Labor’s controversial “persuader rule” could not go into effect July 1. An injunction issued by the U.S. District Court for the Northern District of Texas means employers have at least a temporary reprieve from having to disclose who advises them on ways to discourage union organizing.

Different severance OK–if there’s a legal rationale

08/11/2016
When planning a reduction in force, you can offer different employees different severance payments—as long as it’s based on a nondiscriminatory reason, such as length of service.