Recently, the Fifth Circuit released an opinion, Brock Services, L.L.C. v. Richard Rogillio, No. 19-30363, which provides helpful guidance regarding non-compete provisions that can impact both employers and employees alike. In Brock, Richard Rogillio (“Rogillio”) began working for Brock Services, L.L.C. (“Brock”) in the summer of 2010 until he resigned to work for a direct […]
Author: Lisa Smith, SPHR
Attorney Blog, Human Resources
Federal Court Rules Government Must Have Reasonable Suspicion Before Searching Electronic Devices at the U.S. Border
On November 12, 2019, a federal court in Boston ruled that searches of international traveler’s electronic devices by Immigration and Customers Enforcement (“ICE”) and Customs and Border Protection (“CBP”), at airports and other U.S. portions, performed without reasonable suspicion were unconstitutional. The ruling arose from a lawsuit filed by the American Civil Liberties Union, Electronic […]
In October, the Supreme Court of the United States denied Domino’s Pizza’s petition for review of a circuit court decision pertaining to the Americans with Disabilities Act (“the ADA”) applicability to Domino’s website. Domino’s requested that the Supreme Court review the Ninth Circuit’s decision holding that Domino’s must make its website accessible to persons with […]
Attorney Blog, Human Resources
EEOC Reaches Largest Parental Leave Discrimination Settlement to Date
Earlier this year, one of the oldest and largest financial institutions in the United States agreed to pay $5 million to resolve a discrimination claim filed by a male employee who alleged the bank’s parental leave policy was biased against dads. The settlement resolved a 2017 complaint brought by the American Civil Liberties Union alleging […]
Yes folks, it’s that time of year again. Thursday, October 31 is right around the corner. The day that is commonly known as Halloween is once again upon us. While chatting with my wife this evening, she had a great question; what happens if an employee asks off of work to observe the day of […]
Attorney Blog, Human Resources
San Antonio City Council Revises and Approves Paid Sick Leave Implementation for December 1st, 2019
The saga of Texas sick leave laws continues! The San Antonio, Texas City Council has approved revisions to the city’s sick leave ordinance, which is now scheduled take effect on December 1, 2019. The ordinance was previously scheduled to become effective on August 1, 2019. However, the regulation was delayed pending a legal challenge less than […]
You may not know it, but today is a highly anticipated day. Today, October 8, 2019, the U.S. Supreme Court is hearing oral arguments on a trio of cases that will determine whether the nation’s most prominent workplace discrimination statute prohibits employment discrimination against LGBT workers. The issue: whether Title VII’s ban against “sex” discrimination […]
Employers in the Sixth Circuit (which has jurisdiction over Kentucky, Michigan, Ohio, and Tennessee) may want to review their employment contracts following a recent decision in which the United States Court of Appeals for the Sixth Circuit ruled that employers cannot contractually shorten the statutory limitations period for Title VII claims—except in the arbitration context. […]
The U.S. Department of Labor announced a final ruling to make more American workers eligible for overtime pay under the Fair Labor Standards Act (“FLSA”). A copy of the Department of Labor’s announcement may be found here [https://www.dol.gov/whd/overtime2019/]. Currently, the FLSA says that certain workers who earn less than $23,700 can earn overtime pay under […]
The United States Department of Labor (“DOL”) has issued an opinion letter advising that eligible employees may take intermittent Family and Medical Leave Act (“FMLA”) leave to attend Individualized Education Program (“IEP”) meetings addressing the educational and special medical needs of their children. The opinion letter, which constitutes formal guidance on the interpretation of the […]