Category: Labor and Employment

​​Texas employers should be aware that a recent federal court of appeals decision changes the law with regard to acceptable conditions of employment and potentially exposes more employers to discrimination claims under Title VII of the Civil Rights Act of 1964. The Fifth Circuit Court of Appeals ruled the Title VII requirements had been interpreted…

​​The Civil Rights Act of 1964 prohibits discrimination on the basis of personal characteristics such as race, color, religion, sex, or national origin. Title VII of the Act specifically addresses discrimination by employers against employees or job applicants. Title VII applies to public and private employers with 15 or more employees. There is only one…

​​As the economy evolves into one that is driven by technology, human resources departments are busier than ever. It is far easier for applicants to apply to hundreds of jobs given the number of online recruiting services. Companies need to sift through potentially thousands of resumes for each job opening. Many employers have turned to software to both screen resumes and streamline the entire human resources process.

​​Employers often have an interest in ensuring that details of the workplace do not get out into the general public. Accordingly, they often require employees and other business associates to sign nondisclosure agreements (NDAs) as a condition of working at or with the company. Employees, who want a job, usually do not feel as if they are in a position to say no when their employer makes this request, although some states have outlawed NDAs as a condition of employment.

​​The National Labor Relations Board (NLRB) recently proposed a new rule which restored a prior interpretation that was changed under the Trump Administration. Although the rule is described as new, it is merely the latest step in a battle over what actually creates an employment relationship. The NLRB’s new rule makes it easier for an…