Does Your Non-Compete Agreement Violate Federal Law?

As an employer, you are most likely very aware of your competitors for both customers and employees. You certainly don’t want to invest time and resources training an employee only to see them jump ship and work for a competitor, taking with them the knowledge, training, and proprietary information/trade secrets they gained in your employ. […]

Developing a Workplace AI Policy

Artificial intelligence (AI) is becoming more commonly used everywhere you turn, including the workplace. Many companies and employees are using this technology to perform mundane tasks and make their work easier overall. AI is also changing how organizations operate and make decisions. It presents many opportunities for organizations, such as enhanced workflows, streamlined operations, and […]

How Are Employer Diversity Programs Different from Affirmative Action?

What Does the SCOTUS Ruling Mean for Employers? On June 29, 2023, the U.S. Supreme Court issued a 6-3 decision striking down affirmative action programs at the University of North Carolina and Harvard University, effectively ending their affirmative action initiatives and the consideration of race as a factor when admitting students to higher education. History […]

Can You Be Guilty of Wrongful Termination in an At-Will Employment Environment?

Texas is an “at-will” state (just like every other state except Montana) which means that an employee can be terminated at any time, for any reason that is not prohibited by state or federal law.  It is important to note, however, that most states have exemptions to at-will employment beyond the primary exemptions of non-discrimination, […]

Overtime Pay for Daily Rate Employees?

While most jobs pay weekly or biweekly, there are some positions that pay a daily rate. This may be the case for labor-intensive jobs as well as temporary workers. Because paying employees a daily rate is somewhat atypical, employers may not know the specifics when it comes to the legalities of overtime for daily rate […]

New Standard for Religious Accommodations in the Workplace

Title VII of the Civil Rights Act of 1964 gives employees and job applicants protection from discrimination based on race, color, religion, sex, and national origin. The Equal Employment Opportunity Commission (EEOC) has responsibility to enforce this federal law. For many years, the Act has required that most employers reasonably accommodate their employees’ sincerely held […]

Use of Dash Cams in Work Vehicles and the NLRA

These days, businesses use video cameras for many purposes such as to enhance security. In previous blogs, we’ve discussed the legality of employers using cameras for monitoring employees in the workplace and the surveillance of employees working remotely. But what about when the workplace is a company-owned vehicle? Are employers allowed to use dashboard-mounted cameras […]

How Does the NLRA Affect Texas Businesses?

Labor unions may not be as common here in Texas as they are in other states, but they do exist here.  And regardless of the existence of a labor union, the National Labor Relations Act (NLRA) applies to almost all employers in our state.  So even though Texas is a right-to-work state, employers still need […]

Are Salaried Employees Entitled to Overtime Pay?

One common misconception employers hold concerning wage and hour laws is that the FLSA’s overtime rule does not apply to salaried employees.  When thinking about overtime pay, many people think this only applies to workers who are paid by the hour.  But it is important to note that salaried employees can be entitled to overtime […]

Unpaid Internships: Exploring the Debate | Why Are They Still Around?

Internships have long been touted as a great way for college students to gain invaluable experience in their desired industry. However, many internships out there require the student to work without any type of payment or compensation.  This leaves many wondering why unpaid internships are still an option when faced with legal consequences, the potential […]