Deffebach and Kotun in Houston Lawyer: Five Hot Topics Employers and Their Lawyers Need to Know


2014 was a busy year in labor and employment law. Enforcement is up on seemingly every front.  Both the Equal Employment Opportunity Commission (“EEOC”) and the Federal Trade Commission (“FTC”) are enforcing background check laws and regulations. Specifically, the Fair Credit Reporting Act (“FCRA”) gives a private right of action to employees and prospective employees for violation of the law. In addition, the National Labor Relations Board (“NLRB”) has a full complement of Senate-confirmed members and a general counsel, and is geared up to implement its agenda of increased significance in non-union workplaces. Furthermore, several regulating bodies are attempting to respond to the new-age fissured workplace, with its increased number of temporary workers and multiple layers of separation between the employee and the host employer who receives the ultimate benefit of the employee’s work. Moreover, the EEOC has set its sights on pregnancy discrimination violations and employers with blanket policies regarding maximum leave, among other priorities. There is no sign of this upward trend in enforcement letting up. Meanwhile, Apple, Google, Nike, Fitbit, and a host of other technology manufacturers are releasing technologies that change how employees interact with the world around them and with their employers. Below are the top five areas to pay attention to in 2015.

Excerpted from the Houston Lawyer, February 12, 2015. To view full article, click here.

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