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Photo by Pete Alexopoulos on Unsplash The Texas legislature finished up a jam-packed legislative session over the summer that will have a profound impact on employment law in Texas. The Governor has also announced a special session on August 5  that did not proceed until late last week due to a lack of quorum as most of the Democratic legislators in the Texas House left the state to prevent a vote on a bill relating…
In this episode, I discuss the Supreme Court’s labor and employment law cases for the 2020-2021 term. Among the cases discussed are Cedar Point Nursery v. Hassid, which concerned access for unions to agricultural employers in California. The Court found that granting unions access for up to 3 hours per day for 120 days per year was a taking and the employers should have been compensated. I discuss what this case may indicate for other…
Photo by Jackie Hope on Unsplash While there were some important decisions in the 2020-2021 term, this term was not as groundbreaking as last term when the Supreme Court issued the Bostock decision that prohibited employers from discriminating against employees based on their sexual orientation or gender identity.  Here are the labor and employment cases that were decided this term:  Cedar Point Nursery v. Hassid There is a lot of controversy over this case. Some
In this episode, I discuss OSHA’s emergency temporary standard for businesses that engage in healthcare and healthcare support services. Specifically, I address which business must follow this standard, what are the requirements, and how businesses can follow the requirements that are outlined within the standards.  I also briefly discuss some of the other guidance that OSHA has issued for other businesses and what businesses can do to keep their employees safe. You can view more…
Photo by Danielle MacInnes on Unsplash As I have been explaining on my blog and podcast, the Biden administration may cause a turning point in the decline of unions as it does everything it can to support unions. Currently, only 6% of the private workforce is unionized and 34.8% of the public workplace is unionized. The rate of overall unionization has declined from 20.1% or 17.7 million workers in 1983 (the first year for…
In the most recent episode of my podcast (https://open.spotify.com/episode/2WmK1YxI8O9SOxeEnpqWNF?si=ibYbQMwHS4-sSjh0K60D9A) I discuss Amazon’s recent union organizing drive and what companies can do in a union organizing campaign. Why do companies and HR professionals need to educate themselves on union organizing? It is resurging under the Biden Administration.  This month Amazon won a union election at one of its warehouses (the results are still being challenged). This week President Biden signed an Executive Order on
Photo by Glenn Carstens-Peters on Unsplash There is no company too small to have an employee handbook.  It provides the rules at any place of business, the expectations for various employees, and the rights that employees have at the company (like how much vacation employees get). A handbook eliminates the issue of employees being given different benefits and having to follow different rules (often based on what their manager makes up when a situation arises),…
I’ve re-branded my podcast as Employment Law Problems. On the second episode of Work Law Problems,  second episode of Employment Law Problems, I discuss one of my favorite workplace topics: Workplace Investigations. Workplace investigations are one of the most critical steps to respond to any employment law or other workplace problem. Unfortunately, many companies are ill prepared to conduct an investigation or do so in a haphazard manner. In this episode, I review how companies can successfully…
Photo by Tim Mossholder on Unsplash The next phase in the ever evolving COVID-19 and coronavirus crisis are the upcoming bankruptcies. This year was already shaping up to be an interesting year, but the coronavirus rapidly accelerated bankruptcy declarations. One article estimates that approximately 100,000 businesses have permanently closed and another article states that more than 57 million people have filed for unemployment since the crisis began. These numbers are hellacious, and the impact of…
I am happy to introduce Work Law Problems, a podcast about employment law that I plan to run in conjunction with this site. Currently, the podcast is available on Spotify (and several other places where podcasts are found) and will likely be available on Apple Podcast within the next couple of weeks.  My goal with the podcast is to continue to build what I have been doing here on this blog: providing practical insights into…