08/01/2012 - Man versus Machine: Predictive Coding Making Its Mark in Electronic Discovery
Seasoned lawyer, mid-level associate, first-year attorney, meet your opponent - a computer program designed to take the place of human reviewers of electronic discovery. The concept is known as "predictive coding" or computer-assisted document coding and review and is slowly beginning to make its mark in electronic discovery.
07/13/2012 - New EEOC Enforcement Guidance Regarding Employer Use Of Arrest And Conviction Records
Employers who consider arrest and conviction records when making employment decisions should be aware that the Equal Employment Opportunity Commission (the “EEOC”) has issued new enforcement guidance regarding the issue.
09/14/2011 - Social Media and Employment Law
This presentation discusses the implications of social media in the workplace.
06/23/2011 - Beware of the Claw: Implementing Mandatory Clawback Provisions in Executive Employment Agreements Under the Dodd-Frank Act
The Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Act”) was signed into law by President Obama on July 21, 2010. In the middle of the Act’s 800-plus pages is a short provision that packs a lot of punch for Executive Employment Agreements and Policies: Section 954, entitled “Recovery of Erroneously Awarded Compensation.”
04/18/2011 - Fifth Circuit Rules Harassment Claims Not Viable Under USERRA
On March 22, 2011, the Fifth Circuit ruled that the Uniformed Services Employment and Reemployment Rights Act (“USERRA”) does not support a cause of action for hostile work environment. This is the first ruling from any Circuit Court regarding the issue.
04/14/2011 - The EEOC Issues Final Regulations Implementing the ADAAA
On September 25, 2008, former President George W. Bush signed the ADA Amendments Act of 2008 (the “ADAAA” or the “Act”) into law, broadening the definition of “disability” under the Americans with Disability Act (“ADA”).
10/15/2010 - Veterans’ Benefits Act of 2010 - Expanding Employee Protection Under USERRA
Before heading into the pre-election recess, the Senate passed the Veterans’ Benefits Act of 2010 on September 28, 2010. See H.R. 3219, 111th Cong. (2d Sess. 2010). The Act, which passed in the House over one year ago, is a compromise measure between the House and the Senate and encompasses several veterans’ benefits bills. Of notable importance to employers is the Act’s expansion of employee protection under the Uniformed Services Employment and Reemployment Rights Act (“USERRA”).
06/09/2010 - Federal Government Implements Pro-Union Notice Requirement for Government Contractors
Government contractors and subcontractors now have a new, unsavory obligation. On January 30, 2009, President Obama signed Executive Order 13496 – which requires government contractors and subcontractors to post a notice informing employees of their right to engage in concerted, collective activity.
05/27/2009 - Texas Lawyer Commentary: Matthew Deffebach and Janet Ayyad Discuss Bill Precluding Gun Bans in Workplaces
As of Dec, 31, 2008, the number of individuals with active licenses to carry a concealed handgun in Texas totaled 314,574, according to the Texas Department of Public Safety's Web site. That does not include the people allowed to carry a rifle or shotgun, for which Texas does not require a license.
Why is 314,574 a significant number? It could also be the number of handguns stored on company parking lots across Texas, if the state Legislature passes the proposed guns-at-work law. With the thorny issues surrounding firearms, supporters and opponents of the proposed law could bill the legislation as one of two extremes, borrowing from modern cinema: "The Peacemaker" or "There Will Be Blood."
05/01/2009 - What’s an Employer to Do? Understanding the Employment Law Implications of Swine Flu
Employers face an array of potential legal issues associated with the influenza A (H1N1) infection, also known as “swine flu.” As of May 1, 2009, 331 cases of swine flu in eleven countries have been reported and 109 of these cases are in the United States. Moreover, the World Health Organization has rated the swine flu as a phase 5 on the influenza pandemic alert level – revealing “a strong signal that a pandemic is imminent and that the time to finalize the organization, communication, and implementation of the planned mitigation measures is short.” Health organizations and the government are not the only entities that need to prepare plans. Employers also need to determine how they will deal with the problems associated with a potential influenza outbreak.