Employment Law

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To win a quid pro quo sexual harassment case, an employee has to show that two things occurred.
If you pester an employee who is suing you with expensive pretrial tactics, you may wind up on the hook for his legal bills.
Smart employers follow a regular policy of computer-file purging to keep the organization’s network free of unnecessary data. But what if your organization thinks it may be a lawsuit target?
As long as you get expert legal help creating a valid arbitration agreement, Texas courts will probably enforce it.
Sure it’s frustrating when an employee gripes about general workplace problems. Don’t let that frustration spill over into retaliation. If the worker is making a good-faith complaint about alleged discrimination or harassment, he’s protected from retaliation.
Does your organization have more than $1 million in federal contracts? If so, you may have to change any arbitration agreements you have in place covering certain claims.
It’s been a busy summer for the beleaguered lawyers at the U.S. Department of Labor. On Aug. 19, the DOL filed briefs in three separate cases filed against it in federal courts, covering everything from benefits advice to safety records to resisting unionization.

A federal court in Texas on June 27 ruled that the Department of Labor’s controversial “persuader rule” could not go into effect July 1. An injunction issued by the U.S. District Court for the Northern District of Texas means employers have at least a temporary reprieve from having to disclose who advises them on ways to discourage union organizing.

In some situations, you may be able to get a court to issue a “no more lawsuits” order. It’s not easy, though.
If you use an arbitration clause to cut down on expensive litigation, make sure your attorneys know as soon as an employee sues. Otherwise, you may end up waiving your right to compel arbitration.
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