A Non-Compete Lawyer’s Case for Conducting Exit Interviews (and Five Must-Ask Questions)

Over the past several months, I conducted an informal, and utterly unscientific, poll about exit interviews. Questionable survey methodology aside, my conversations on this topic confirmed my suspicion: Exit interviews have few fans. There are many reasons for this, but chief among them seems to be doubt on the part of both employers and departing […]
Posted in Blog | Tagged , , , , , | Comments closed

Is It Time to Review the Nondisclosure and Confidentiality Provisions in Your Agreements?

Employers typically resolve employment disputes with a release of all claims and a confidentiality clause that obligates the employee to keep the terms of the agreement – and sometimes the underlying allegations – confidential.  Standard severance agreements also routinely contain confidentiality clauses. Until recently, the primary risk associated with such provisions has been the possibility […]
Posted in Blog | Tagged , , | Comments closed

A First in Texas: Austin Enacts Paid Sick Leave Ordinance

Austin recently became the latest city in the United States, and the first in Texas, to join the paid sick leave trend spreading across the country.  On February 16, 2018, Austin adopted a paid sick leave ordinance that requires private employers of any size operating in Austin (regardless of where the company is based) to […]
Posted in Blog | Tagged | Comments closed

Emotional Support Animals In The Workplace: Do Employers Really Have To Accommodate?

We’ve all read the recent news headlines about the emotional support peacock that was not allowed to board a United Airlines flight and the 300-pound emotional support pig that was rejected by US Airways.  These stories are becoming more and more common and have led a number of employers to ask what their responsibilities are […]
Posted in Blog | Tagged , , , | Comments closed

What’s Expected of You When Your Employee is Expecting

The EEOC has ramped up enforcement against pregnancy discrimination, filing four lawsuits in March 2018 alone. These types of lawsuits can result in expensive consent decrees that also obligate the employer to policy changes and EEOC monitoring. Making sure that policies and practices mirror what the EEOC and courts expect of employers when it comes […]
Posted in Blog | Tagged , , , | Comments closed

EEOC Releases Strategic Plan for Fiscal Years 2018-2022

On February 12, 2018, the Equal Employment Opportunity Commission (“EEOC”) unanimously approved its Strategic Plan for fiscal years 2018 through 2022.  Congress requires federal government agencies like the EEOC to formulate strategic plans every four years and publish their plans on their website.  According to the EEOC, the Strategic Plan serves as the framework for […]
Posted in Blog | Tagged | Comments closed

What Changes in Employment Laws Might We See Because of #MeToo?

The many #MeToo stories reported in the press have caused a flurry of discussion about potential changes to the legal landscape governing sexual assault and harassment.  Below is a summary of proposed legislation and other potential changes to keep an eye on: Potential Legislation Barring Mandatory Arbitration of Sexual Harassment Claims. Bipartisan bills have been […]
Posted in Blog | Tagged , | Comments closed

Getting S.M.A.R.T. About PIPs

As a quick Google search makes clear, performance improvement plans have a bad rap. Much (virtual) ink has been spilled on tactics for “surviving” a PIP, and consensus is that an employee who is put on a PIP should consider her days to be numbered. But it shouldn’t be this way. Employers that misuse PIPs […]
Posted in Blog | Tagged , | Comments closed

Is Your Parental Leave Policy Discriminating Against New Dads?

Employees may be eligible for different types of leave following the birth of a child or placement of a child for adoption or foster care.  There is leave under the Family and Medical Leave Act (FMLA) which provides eligible mothers and fathers with 12 weeks of unpaid leave.  Many employers also offer short term disability […]
Posted in Blog | Tagged | Comments closed

Ten Easily Overlooked Harassment Issues from the EEOC’s Proposed Guidance

With harassment increasingly in the news, employers need accurate, current advice on where the courts and the EEOC stand. The EEOC’s proposed enforcement guidance on unlawful harassment gives employers a comprehensive overview of the EEOC’s position. The final version of the guidance is expected to be released soon.  (The proposed guidance is available at https://www.regulations.gov/contentStreamer?documentId=EEOC-2016-0009-0001&contentType=pdf.) […]
Posted in Blog | Tagged | Comments closed