On September 1, 2021, the most restrictive abortion law in the country went into effect in Texas. Known as the “Texas Heartbeat Act,” the statute, which creates a new subchapter of Chapter 171 of the Texas Health and Safety Code,
Dallas Hospitality Employment Lawyer Blogs
Blog Authors
Latest from Dallas Hospitality Employment Lawyer
Are Private Employers Ready for the New Sexual Harassment Laws in Texas?
Texas is considered an employer-friendly state, so it may come as quite a surprise that several bills that significantly impact sex harassment law passed, without fanfare, in the last legislative session, and go into effect today, September 1, 2021. More specifically,…
Quantum of Evidence: proving the existence of an arbitration agreement
In what I’ll call its Quantum of Evidence decision issued this month, not to be confused with the 2008 James Bond flick, Quantum of Solace, the Fifth Circuit tackled the issue of the “quantum of evidence required to prove…
Ten Things Texas Employers Need to Know About the New "No Need for a Firearm Carry Permit" Law
At a time when gun violence is increasing across the country, and based on publicly available data, Texas currently ranks second in the nation (behind Illinois) in mass shootings for 2021, the Texas Legislature enacted the Firearm Carry Act of…
Texas Federal Judge Dismisses Employees’ Lawsuit Challenging Private Employer’s Mandatory COVID-19 Vaccines
Can private employers enforce mandatory COVID-19 vaccines as a condition of employment?In December 2020, the EEOC said “yes,” subject to reasonable accommodations for employees with disabilities or sincerely held religious beliefs. Yesterday, Southern District of Texas Judge Lynn Hughes agreed, dismissing…
Employer No-Poach and Related Restrictive Agreements Face Continued Scrutiny
Three recent developments demonstrate that both the United States Department of Justice (DOJ) and courts around the country are continuing to scrutinize employer agreements that in any way restrict employee mobility.First, in January 2021, the Antitrust Division of the DOJ…
Will a Click Stick? The Texas Supreme Court Weighs in on the Enforceability of Electronic Signatures on Arbitration Agreements
Last Friday, the Texas Supreme Court, in Aerotek, Inc. v. Boyd et al., No. 20-0290 (Tex. May 28, 2021), reversed the Dallas Court of Appeals and found that an employer conclusively established that four employees signed and therefore consented…
Does the Supreme Court’s Bostock Decision Allow Employers, Religious or Secular, to Discriminate Against Bisexual Employees?
According to the plaintiffs in U.S. Pastor Council et al. v. Equal Employment Opportunity Commission, et al., No. 4:18-cv-00824-O, In the United States District Court, Northern District of Texas, Fort Worth Division, who filed a motion for summary judgment…
Fifth Circuit Opinion Affirming Dismissal of Transgender Employee’s Title VII and ADA Claims Provides Valuable Insight into Dismissal Standard
The Fifth Circuit’s recent opinion in Olivarez v. T-Mobile USA, Incorporated; Broadspire Services, Incorporated, No. 20-20463 (May 14, 2021) is interesting for two reasons. First, it provides a useful analysis regarding whether, in disparate treatment cases…
New Fifth Circuit Opinion Reminds Employers of the Dangers of Failing to Maintain Accurate Time Records under the FLSA
What happens when an employer fails to keep accurate or adequate records of all time worked by an employee?Seventy-five years ago, the United States Supreme Court, in Anderson v. Mt. Clemens Pottery Co., 328 U.S. 680, 687 (1946), superseded …