Tag Archives: #LaborLaw

President’s Recess Appointments Exceed Authority Based on Supreme Court Decision

After months of anticipation, the United States Supreme Court today issued its opinion in the Nat’l Lab. Relations Bd. v. Noel Canning case.  No. 12-1281, slip op. at 1 (June. 26, 2014).  By way of background, on January 2, 2012, President Obama made three appointments to the National Labor Relations Board while the Senate “was … Continue reading this entry

The FCRA: A Battle on Two Fronts for Employers

As if employers were not already faced with enough headaches from employment-specific federal statutes, such as the Occupational Safety and Health Act or the Fair Labor Standards Act, they also have to consider the effect of other statutes, including the Fair Credit Reporting Act (“FCRA”).  The FCRA applies to any entity that uses “consumer report[s]” … Continue reading this entry

President Obama to Issue Executive Order on LGBT Workplace Protections

The White House announced on Monday that the President will sign an executive order restricting all federal contractors from discriminating against employees and applicants on the basis of sexual orientation and gender identity. It is an historic expansion of workplace rights affecting gay and lesbian rights in the workplace. The Executive Order is expected to … Continue reading this entry

Being a HERO: Six Things You Need to Know About the Houston Equal Rights Ordinance

It’s been described as “an opportunity for sexual predators to have access to our families” and “an historic non-discrimination ordinance.” But rhetoric aside, the Houston Equal Rights Ordinance (“HERO”) is the law in the Bayou City. So what’s it mean for your business? You can (and should) read the complete ordinance, but here are six … Continue reading this entry

Union and Non-Union Employers Must Review Their Employee Handbooks in Light of Recent NLRB Developments

The National Labor Relations Board recently challenged many common employee handbook provisions on the grounds that they violate employees’ protected rights under Section 7 of the National Labor Relations Act.  The challenged handbook provisions include restrictions on social media; restrictions on discussions of wage, benefits and related information; at-will provisions; and standards of behavior policies. … Continue reading this entry

Discounted Damages Through Fluctuating Work Week

Wage and hour litigation has been on a meteoric rise and is unlikely to slow in 2014. Nationally, employers paid over $245 million in 2013 to resolve wage and hour cases. In Texas, Fair Labor Standards Act (FLSA) cases continue to be among the most commonly filed in federal courts. Many of these cases allege … Continue reading this entry