Is Your Company Vulnerable to the New Wave of Sex Discrimination Class Actions?

As we have written about previously, the #MeToo movement is spurring changes in harassment and discrimination law.  One of these changes appears to be a new wave of class action sex discrimination lawsuits that do not simply focus on one alleged discriminatory practice at a time – such as pay discrimination, or a hostile working …read more »

M2D Defeats Anti-SLAPP Motion in Nonsolicitation Case

On behalf of a client prosecuting claims for breach of a customer nonsolicitation agreement, M2D lawyers Mike Muskat and Daniel Lenhoff recently obtained the trial court’s denial of the defendants’ motion to dismiss under the Texas Citizens Participation Act (TCPA), the state’s anti-“SLAPP” law.   The TCPA has been used in recent years by some defendants …read more »

CBD: What Employers Need to Know

CBD seems to be everywhere lately. You may have noticed ads for CBD oil and other products, promising all types of health benefits—from eliminating acne to improving brain function to alleviating cancer-related symptoms. New shops selling CBD have popped up, and established businesses have gotten into the act. There is even a one-mile stretch in …read more »

FMLA Medical Certifications: Does 15 Days Really Mean 15 Days?

The Family Medical Leave Act (“FMLA”) and accompanying regulations require employees to return a requested medical certification within 15 days.  I frequently get questions asking what to do if an eligible employee does not return the medical certification within the 15-day period. While the FMLA suggests that an employer may be able to deny FMLA …read more »

Shining the Light on Ambiguous Arbitration Agreements

We have previously analyzed employers’ ability to arbitrate class-wide claims on an individual basis, see here, but what happens if an arbitration agreement is ambiguous as to whether class arbitrations are permitted? The U.S. Supreme Court’s recent decision in Lamps Plus, Inc. v. Varela, 139 S. Ct. 1407 (2019) provides guidance. In Lamps Plus, an …read more »

What Employers Need to Know about Hair Discrimination

Most employers maintain dress codes and grooming policies. And most of these policies dictate that employees must wear “professional” or “business-appropriate” hairstyles. Some go a step further, prohibiting “extreme” or “distracting” coiffures. Such policies, so long as enforced in an even-handed way, have not traditionally been viewed as presenting significant legal risk. But over the …read more »

Four Government-Drafted Resources for Employers You Might Have Missed

It’s hard to imagine a better defense an employer could have than “the government said I should do it this way.” But even though government agencies take months or years to create guidance for employers, too often that guidance never gets used (or even heard about). Below are four government-created resources with guidance for employers …read more »

Another Texas City Passes a Paid Sick Leave Law — Will Other Employee Protections Be Next?

On April 24, 2019, Dallas joined Austin and San Antonio in passing a paid sick leave law.  See our previous posts about the Austin and San Antonio laws here and here.   Under the Dallas law, the amount of paid sick leave varies according to the size of the employer.  There are rules regarding the ordinance’s …read more »

Pay Disparities and Form EEO-1: What to Report for 2018?

The Equal Employment Opportunity Commission’s (“EEOC”) Employer Information Report EEO-1 (“EEO-1”) has long been a governmental tool to gather data from large employers (100+ employees) on employees’ gender, race/ethnicity, and job category.  In 2016, the EEOC issued a proposed rule that expands the scope of EEO-1 to include W-2 wage information and total hours worked …read more »

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 »