The U.S. Supreme Court is considering the future viability of affirmative action plans in the academic sphere and could make significant changes to the legality of race-based admissions policies in colleges and universities. Like academia, over the last twenty
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DOL Increasing Focus on Staffing Agencies and Health Care Practices’ Misclassifying Workers as Independent Contractors
On November 16, 2022, the Department of Labor announced that it had recovered $1.2 million in back wages from four different home health care agencies on behalf of 599 home healthcare workers. One of the responsible employers, Guardian Angels…
Texas Employers Can Pay Employees in Bitcoin, But Why Should They? A Sequel
With the spectacular crash of the centralized cryptocurrency exchange FTX and the potential bankruptcy of a second high-profile cryptocurrency exchange called BlockFi, now is a good time to revisit whether an employer would want to pay or employees receives…
Fortune 50 Company Recommendations to Improve Anti-Harassment & Non-Discrimination Policies and Practices
Want to evaluate whether you need to improve your company’s sexual harassment and gender discrimination policies or get recommendations for potential improvements to those policies? A company can spend tens or hundreds of thousands of dollars to engage a large…
How to Know the Defense of your Racial Discrimination Claim is Failing? The Jury asks for a Calculator
In a recent case out of a federal court in Houston, a former African American sales representative for FedEx received a jury verdict in the amount of $366M. In that case, Jennifer Harris claimed that she opposed racial discrimination and…
Avoid the Holiday Party Human Resources Hangover
Employers are booking venues and planning for the annual company holiday party. As these preparations are made, Human Resources should review these tips to reduce the likelihood of post-holiday party human resources hangovers.
Employee Time Off to Vote on Election Day in Texas
There are important mid-term elections occurring in Texas on Tuesday, November 8, 2022, from 7 a.m. to 7 p.m. Early voting runs from October 24 though November 4, 2022. There are many statewide, state district and U.S. representative races to…
Employers Should Update their EEOC “Know your Rights” Posters
EEOC regulations require employers to post notice of employee rights that protect employees from discrimination. These posters must be posted in conspicuous places. The EEOC has updated its “Know your Rights” posters. Employers should update their posters with the most…
COVID-19 is not a Natural Disaster under WARN
In the weeks and months following the start of the COVID-19 pandemic, many employers were faced with the need to quickly conduct substantial reductions in force. In making these decisions, the question frequently arose around whether an employer had to…
It Just Got Easier to Waive Arbitration
Many employers have implemented mandatory arbitration programs to resolve disputes with employees. When sued by an employee, an employer with a mandatory arbitration provision occasionally delays seeking an order compelling the lawsuit into arbitration. When a delay occurs, the party…