Tag Archives: Labor and Employment

The DOJ’s New Posture on Gender Identity Discrimination

On October 4, 2017, the Department of Justice (DOJ) delivered a blow to the rights of transgender Americans. Attorney General Jeff Sessions rescinded an Obama-era policy concluding that the Civil Rights Act bars workplace discrimination against transgender employees. Specifically, Sessions revoked a 2014 memo authored by then-Attorney General Eric Holder that said gender-identity discrimination fell … Continue reading this entry

New OSHA Rule May Require Changes to Employer Drug Testing Policies

Does your company have a blanket, post-accident drug testing policy?  Employers with this type of drug testing policy are concerned that they may run afoul of a new Occupational Safety and Health Administration Final Rule, which OSHA is set to begin enforcing on November 1, 2016. The final rule, which went into effect on August 10, 2016, … Continue reading this entry

How Texas’ New “Open Carry” Law Affects Texas Businesses

On Jan. 1, 2016, Texas’ new open carry law took effect. The law allows anyone with a proper license to openly carry a handgun “in plain view” anywhere in Texas if properly stored in a shoulder or belt holster. Prior to Jan. 1, Texas only permitted individuals to carry a handgun if it was properly … Continue reading this entry

Generic, All-Encompassing Employment Releases May Not Actually Release All Employment-Related Claims, Including FLSA Claims

The Fifth Circuit Court of Appeals, which includes federal courts sitting in Texas, recently held that a generic, broad state court settlement release did not bar two former employees’ subsequent unpaid overtime compensation claims against their former employer, even though the parties discussed the topic of unpaid wages during settlement negotiations and the release specifically … Continue reading this entry

DOL Issues Proposed Changes to Threshold of Salary Basis Test - $970/week from $455/week

Today, the U.S. Department of Labor issued proposed revisions to the minimum salary level that an employer must pay for an employee to be considered exempt under the Fair Labor Standards Act (FLSA). These long awaited revisions would, according to DOL estimates, increase overtime eligibility for approximately 4.6 million employees who are currently classified as exempt. Under … Continue reading this entry

EEOC v. Freeman: Another Employer Victory in EEOC’s Enforcement Efforts Regarding Employer Use of Background Checks

Last summer, we wrote about the federal Fair Credit Reporting Act (“FCRA”) requirements in conjunction with the EEOC’s effort to sue employers who use background checks for job applicants and employees. Essentially, the EEOC alleges that an employer’s use of background checks can lead to a disparate impact among applicants and employees. Thus far, the … Continue reading this entry