The Fifth Circuit Court of Appeals recently clarified that non-employees do not have standing to sue under Title VII, even if they are an object of intentional retaliation.
Category: Employment Law
Emerging COVID-19 Legal Challenges for Staffing Agencies and Possible Solutions
On September 25, 2020, I will be presenting a lunch-and-learn webinar on emerging Covid-19 legal challenges for staffing agencies and possible solutions, organized by the National Association of Personnel Services. The presentation will focus on the new challenges that that staffing and personnel placement firms face due to COVID-19, from FMLA leave and ADA issues, to OSHA and CDC compliance issues, to the indemnification and force majeure issues in contracts with clients.
Can a Salary Reduction Make a Non-Compete Invalid?
An employer cannot wrongfully breach a provision of an employment contract that is favorable to the employee (such as reducing his wages without his consent and without contractual authority to do so) an then go into a court of equity to secure, by injunction, the enforcement of another provision favorable to it.”
When Do Employers Enforce Non-Compete Agreements?
Many companies in Texas have non-competition agreements with their employees, but not all companies enforce them. Some companies will sue the departing employees for violating non-compete agreements, even thought such agreement may not be valid under Texas laws. Others, will not bother with enforcement even though they have valid agreements on hand. The reality is that the validity of a non-compete agreement is only one factor in a company’s decision whether to enforce it.
COVID-19 Texas Employer Guide – CDC Recommends Safety Measures for Critical Infrastructure Employees Exposed to COVID-19
The Center for Disease Control and Prevention (CDC) just issued an Interim Guidance that pertains to “critical infrastructure workers,” who may have been exposed to COVID-19.
CDC advises that such workers may be permitted to continue work following potential exposure to COVID-19 as long as they remain asymptomatic and additional precautions are implemented to protect them and the community.
COVID 19 Texas Employer Guide – The U.S. Department of Labor Questions and Answers
The Department of Labor Wage and Hour Division answers Fair Labor Standards Act questions related to COVID-19, including whether and how employers must compensate employees for reduced hours work, telework, and additional expenses associated with working from home.