XXXXX

Workplace Rumors that a Female Employee “Slept With” a Male Supervisor to Obtain a Promotion Can Lead to a Sex Discrimination Claim

Can a false rumor that a female employee slept with her male boss to obtain a promotion ever give rise to her employer’s liability for sex discrimination? The U.S. Court of Appeals for the Fourth Circuit answered this question in the affirmative. In Parker v. Reema Consulting Services, Inc., No. 18-1206 (4th Cir. Feb. 8, …read more »

When the Government Shuts Down, So Does E-Verify

Government shutdowns seem to be occurring all too frequently.  Although President Trump recently signed a bill to end the most recent government shutdown on January 25, 2019, it is only a short-term bill, which means another shutdown could be looming in the coming weeks. Government shutdowns cause numerous issues, but one that employers should be …read more »

Jury in the Southern District of Texas Finds that Mud Engineers are Exempt from Overtime under the FLSA

On October 25, 2018, a jury in the Houston Division of the Southern District of Texas decided that drilling fluid specialists, also known as “mud engineers,” were exempt from the overtime provisions of the Fair Labor Standards Act (“FLSA”) under the white collar, administrative exemption.  This case is one of the very few FLSA cases …read more »

Do Employees Have to Return Severance Pay Before Filing Suit Under Title VII and the EPA?

Many employers have had employees sign separation agreements releasing all claims in exchange for severance pay.  But what happens when an employee signs a separation agreement and receives severance pay, but then changes her mind, alleging that she was pressured into signing the agreement and that the release is invalid, and decides to pursue her …read more »

FMLA vs. FLSA: The DOL Weighs in on Whether Employers Need to Compensate FMLA-Protected Rest Breaks

After a nine year hiatus, the Wage and Hour Division of the Department of Labor (“DOL”) recently resumed its longstanding practice of issuing opinion letters to help employers in interpreting laws like the Family and Medical Leave Act (“FMLA”) and the Fair Labor Standards Act (“FLSA”). In an April 12, 2018 press release issued by …read more »

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 …read more »

Transgender Rights Under the Trump Administration

Attorney General Jeff Sessions recently advised United States Attorneys across the country that the Department of Justice (DOJ) is reversing its prior position that Title VII of the Civil Rights Act of 1964 – which prohibits gender discrimination in the workplace, among other things – protects transgender workers from discrimination.  This is a significant change …read more »

Employer Compliance with Texas’ New Open-Carry Law

Texas House Bill No. 910, effective January 1, 2016, allows handgun license holders in Texas to carry a holstered handgun openly anywhere that a concealed handgun is permitted. Employers’ existing policies prohibiting guns on employer property are lawful under the new open carry law, and Texas law already requires private property owners that want to …read more »