This is the second installment in a three-part series examining legal protections for gay, lesbian, bisexual, and transgender employees, written in anticipation of the U.S. Supreme Court’s likely upcoming decision on whether Title VII’s protections are broad enough to forbid discrimination based on sexual orientation and gender identity. Part 1 of this series examined the …read more »
The Four Most Common Errors When Tracking Employee Work Time and What to Do About Them
Many of the rules of the Fair Labor Standards Act and similar state laws regarding the payment of non-exempt employees are notoriously complex and are often misapplied. Even seemingly minor errors can become costly if they apply to groups of non-exempt employees and become the subject of a Department of Labor investigation or class action …read more »
Supreme Court Cautions Employers Not to Delay Asserting Failure to Exhaust Administrative Remedies Defense in Title VII Cases
Most federal laws prohibiting discrimination and retaliation, such as Title VII of the Civil Rights Act of 1964 (“Title VII”), require plaintiffs to first file an administrative charge alleging discrimination or retaliation with the Equal Employment Opportunity Commission (“EEOC”) or the state-agency equivalent before they may file a lawsuit alleging such discrimination or retaliation. If …read more »
Businesses Should Update Indemnity Agreements to Protect Against Contractor Lawsuits
In the past decade, many businesses have significantly improved compliance under the Fair Labor Standards Act (“FLSA”) and other employment laws when it comes to their own employees. At the same time, many workers who provide skilled services to those businesses now do so as independent contractors, often based on service agreements between businesses and …read more »
Five Workplace Policies That Trending Caselaw Suggests Employers Should Include In Their Employee Handbook
Most employers are aware of the traditional “must have” policies that should be included in every employee handbook. For example, all employers should have an equal employment opportunity and anti-harassment policy and, in most states, an at-will employment statement. Likewise, employers with fifty or more employees must have a written FMLA policy. There are, however, …read more »
A Primer on Legal Protections for LGBT Employees: Past, Present, and Future (Part 1)
Earlier this year, the U.S. Supreme Court agreed to consider a trio of cases presenting the question of whether Title VII’s protections are broad enough to forbid discrimination on the basis of sexual orientation and gender identity. The cases will be argued in the fall, with decisions likely issued by June 2020. Until then, employers …read more »
State Medical Marijuana Laws Provide Increasing Protections for Applicants and Employees
As more states approve marijuana’s medical use, employers must understand the significant legal developments and how they affect the workplace. New Mexico and Oklahoma have recently passed medical marijuana laws with provisions that provide employment protections for applicants and employees. Below is a discussion of those protections, several of which are the types of protections …read more »
Is Your Company Vulnerable to the New Wave of Sex Discrimination Class Actions?
As we have written about previously, the #MeToo movement is spurring changes in harassment and discrimination law. One of these changes appears to be a new wave of class action sex discrimination lawsuits that do not simply focus on one alleged discriminatory practice at a time – such as pay discrimination, or a hostile working …read more »
Muskat Devine Defeats Anti-SLAPP Motion in Nonsolicitation Case
On behalf of a client prosecuting claims for breach of a customer nonsolicitation agreement, Muskat Devine lawyers Mike Muskat and Daniel Lenhoff recently obtained the trial court’s denial of the defendants’ motion to dismiss under the Texas Citizens Participation Act (TCPA), the state’s anti-“SLAPP” law. The TCPA has been used in recent years by some …read more »
CBD: What Employers Need to Know
CBD seems to be everywhere lately. You may have noticed ads for CBD oil and other products, promising all types of health benefits—from eliminating acne to improving brain function to alleviating cancer-related symptoms. New shops selling CBD have popped up, and established businesses have gotten into the act. There is even a one-mile stretch in …read more »