On September 1, 2021, the most restrictive abortion law in the country went into effect in Texas. Known as the "Texas Heartbeat Act," the statute, which creates a new subchapter of Chapter 171 ...
http://hospitalityemploymentlawyer.blogspot.com/2021/09/unintended-consequences-can-employers.html
Texas is considered an employer-friendly state, so it may come as quite a surprise that several bills that significantly impact sex harassment law passed, without fanfare, in the last legislative...
http://hospitalityemploymentlawyer.blogspot.com/2021/09/are-private-employers-ready-for-new.html
In what I'll call its Quantum of Evidence decision issued this month, not to be confused with the 2008 James Bond flick, Quantum of Solace, the Fifth Circuit tackled the issue of the "quantum of ...
http://hospitalityemploymentlawyer.blogspot.com/2021/07/quantum-of-evidence-proving-existence.html
At a time when gun violence is increasing across the country, and based on publicly available data, Texas currently ranks second in the nation (behind Illinois) in mass shootings for 2021, the ...
http://hospitalityemploymentlawyer.blogspot.com/2021/06/ten-things-texas-employers-need-to-know.html
Can private employers enforce mandatory COVID-19 vaccines as a condition of employment? In December 2020, the EEOC said "yes," subject to reasonable accommodations for employees with disabiliti...
http://hospitalityemploymentlawyer.blogspot.com/2021/06/texas-federal-judge-dismisses-employees.html
Three recent developments demonstrate that both the United States Department of Justice (DOJ) and courts around the country are continuing to scrutinize employer agreements that in any way restri...
http://hospitalityemploymentlawyer.blogspot.com/2021/06/employer-no-poach-and-related.html
Last Friday, the Texas Supreme Court, in Aerotek, Inc. v. Boyd et al., No. 20-0290 (Tex. May 28, 2021), reversed the Dallas Court of Appeals and found that an employer conclusively established th...
http://hospitalityemploymentlawyer.blogspot.com/2021/06/will-click-stick-texas-supreme-court.html
According to the plaintiffs in U.S. Pastor Council et al. v. Equal Employment Opportunity Commission, et al., No. 4:18-cv-00824-O, In the United States District Court, Northern District of Texas,...
http://hospitalityemploymentlawyer.blogspot.com/2021/05/does-supreme-courts-bostock-decision.html
The Fifth Circuit's recent opinion in Olivarez v. T-Mobile USA, Incorporated; Broadspire Services, Incorporated, No. 20-20463 (May 14, 2021) is interesting for two reasons. First, ...
http://hospitalityemploymentlawyer.blogspot.com/2021/05/fifth-circuit-opinion-affirming.html
What happens when an employer fails to keep accurate or adequate records of all time worked by an employee? Seventy-five years ago, the United States Supreme Court, in Anderson v. Mt. Clemens P...
http://hospitalityemploymentlawyer.blogspot.com/2021/02/new-fifth-circuit-opinion-reminds.html
In a case of first impression, a federal judge in Massachusetts recently found that the wearing of Black Lives Matter (BLM) masks by employees at work was not protected activity under Title VII o...
http://hospitalityemploymentlawyer.blogspot.com/2021/02/in-case-of-first-impression-federal.html
In its Enforcement Guidance: Reasonable Accommodation and Undue Hardship under the Americans with Disabilities Act issued in 2002, which hasn't yet been withdrawn or updated as a result of the p...
http://hospitalityemploymentlawyer.blogspot.com/2018/08/a-cautionary-tale-about-discharging.html
Starting this coming Tuesday, August 31, 2018, Yelp will post restaurant health inspection scores directly on a restaurant's Yelp page. Yelp initially launched this program in San Francisco in ...
http://hospitalityemploymentlawyer.blogspot.com/2018/07/yelp-to-post-restaurant-health.html
Restaurant health inspection grades have been available to the public for some time, but in Dallas and Fort Worth, they were difficult to locate in the public health data. In case you missed it...
http://hospitalityemploymentlawyer.blogspot.com/2018/05/restaurant-clients-be-advised-theres.html
The Fifth Circuit has not yet ruled on the issue of whether transgender status is a protected category under Title VII, but earlier this month, a federal district judge in the Southern District ...
http://hospitalityemploymentlawyer.blogspot.com/2018/04/texas-district-court-assumes-title-vii.html
The question of whether an employee on FMLA leave is entitled to apply for and receive unemployment benefits from the Texas Workforce Commission (TWC) is the issue that pits the TWC against Wich...
http://hospitalityemploymentlawyer.blogspot.com/2018/02/is-employee-on-fmla-leave-entitled-to.html
According to the Dallas Court of Appeals, the short answer is that absent fraud or trickery, an employee's inability to read or comprehend English is not a defense to a motion to compel arbitrat...
http://hospitalityemploymentlawyer.blogspot.com/2017/11/is-employees-inability-to-read-or.html
In a decision that took more than one year from the date of oral argument to issue, a panel of the Seventh Circuit recently affirmed summary judgment for a company that was sued for viola...
http://hospitalityemploymentlawyer.blogspot.com/2017/10/seventh-circuit-panel-affirms-that-ada.html
Employers with employees who drive as part of their job duties should know that Texas's texting while driving ban takes effect today. Fines can range from $25 to $99, and up to $200 for repeat...
http://hospitalityemploymentlawyer.blogspot.com/2017/09/new-texting-and-driving-ban-effective.html
Effective September 1, 2017, and pursuant to House Bill 1935, Texans over the age of eighteen will be permitted to open carry knives with blades longer than five and one-half inches. Instead of...
http://hospitalityemploymentlawyer.blogspot.com/2017/08/scimitars-sabers-and-samurai-swords-oh.html
Not long ago, I wrote about how the National Labor Relations Board’s (NLRB's) positions on various handbook policies transcended common sense. In a recent opinion, a three-judge panel of the...
http://hospitalityemploymentlawyer.blogspot.com/2017/08/citing-stephen-colbert-fifth-circuit.html
In its ExxonMobil Corporation and WHM Custom Services Inc. v. Rincones decision issued last week, the Texas Supreme Court held that there is no independent cause of action in Texas for compelled...
http://hospitalityemploymentlawyer.blogspot.com/2017/05/the-texas-supreme-court-takes-egg-from.html
Pundits proclaimed that with the new administration, the National Labor Relations Board (NLRB) would dial down or pull back from its current position of DEFCON 2 with respect to employer handboo...
http://hospitalityemploymentlawyer.blogspot.com/2017/05/when-can-employers-expect-cessation-of.html
Currently pending before the Texas Supreme Court is a case involving three important issues for Texas employers, both public and private. First, to invoke the TCHRA’s waiver of governmental ...
http://hospitalityemploymentlawyer.blogspot.com/2017/05/texas-supreme-court-takes-up-important.html
Since the government's appeal of in injunction issued in December 2016 by Judge Amos Mazzant that blocked the implementation of the Obama administration's overtime rule overhaul, employers have ...
http://hospitalityemploymentlawyer.blogspot.com/2017/04/slow-death-on-vine-5th-circuit-grants.html