What You Need to Know About Noncompete Agreements in Texas

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No question in my mind that the economy is picking up.  I am seeing more noncompete issues than in previous years.  My humble explanation is that employees who did not like their jobs are now looking and starting to find opportunity.  But many of these employees are probably encumbered with some form of covenant not to compete, which will affect … Read More

Office Talk: Understanding an Employer’s Role in Social Media Intervention

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Most employers know that the National Labor Relations Act impacts unionized workforces; however, it also impacts nonunionized workforces. The NLRA protects all employees’ rights to participate in concerted activity, meaning that employees can get together and talk about how bad their boss is, or how much they make, or how terrible their work environment is, etc. Let’s call it grousing … Read More

Can I Reduce My Employee’s Pay?

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This is really an issue for the employer paying an exempt employee a salary. Performance issues It becomes an issue when business slows or employer has an issue with an employee’s performance. The regulations I am going to digress here; the regulations provide that an employer cannot reduce an employee’s “salary” because of an employee’s absences occasioned by the employer or … Read More

Family Medical Leave

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Which tracking method is best? The Family and Medical Leave Act allows employers to use four different methods to calculate the amount of FMLA leave an employee uses within a 12-month period. The four methods include: The calendar year; Any fixed 12-month “leave year,” such as a fiscal year, a year required by state law or a year starting on … Read More

Non-Competition Agreements

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They are enforceable, right? Not too long ago, I had a client present me with two non-competition agreements to review. I was dumbfounded by what I read. Now, these weren’t my client’s non-competition agreements and I did not draft them. So, I set about reviewing them and several sentences in the agreements made me laugh out loud. With my client’s … Read More

Sick Leave Policies

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How are your employees using it? I’ll be the first to admit, I look forward to September 1st each year. The dog days of summer are giving way to fall and it is the start of dove season and more importantly, duck and deer season are soon follow. However, as a lawyer, I started thinking about how employees use sick … Read More

Pregnancy Discrimination

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On July 14, 2014, the Equal Employment Opportunity Commission (EEOC) published a new guidance document entitled “Enforcement Guidance: Pregnancy Discrimination and Related Issues” The document discusses how employers can violate Title VII when they use pregnancy as a factor for making employment related decisions. The guidance addresses seven areas where employers may violate the law. Don’t consider the following If … Read More

Background Checks: An Effective Tool, If Used Properly

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This past Tuesday, I did a presentation on “Background Checks: An Effective Tool, If Used Properly” at High Profile Staffing, as part of their monthly series of employment-related talks. The most important aspect of employment background checks today is that government agencies such as the Equal Opportunity Commission are ramping up efforts to stamp out barriers to hiring. This includes … Read More

Can I Use Credit Reports on my Employees?

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As an employer, you may use consumer reports when you hire new employees and when you evaluate employees for promotion, reassignment, and retention — as long as you comply with the Fair Credit Reporting Act (FCRA). The FCRA is designed primarily to protect the privacy of consumer report information and to guarantee that the information supplied by consumer reporting agencies … Read More

Drug Testing Employee Candidates – Medicinal Use of Marijuana in the Great State of Texas

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 Just the facts Ma’am. Candidate lives in California and obtains a prescription for marijuana.  We are going to assume that she used the prescription as prescribed. Wink! She then moves to Texas and applies for a job.  But wait, the employer performs drug testing. What is the employer’s obligation?  Could it refuse to hire the candidate, despite the candidate’s “legal” … Read More