On this blog, I try not to get too political. The practice of law is complicated enough without getting involved in the political arena beyond simply reporting what has become law and how it will impact clients. But I feel compelled to do get political...
One of the most difficult things for companies looking to have key employees, or any employees, sign a non-compete agreement is that most states have at-will employment. While at-will employment is highly beneficial in terms of labor market movement and the ability for employers to...
Back in November, a federal judge in Texas ordered a temporary, nationwide injunction against the implementation of the Department of Labor's white collar overtime rule. The government appealed that decision and that appeal has been ongoing. Well, we have a new President now (in case you...
All this month, I have been talking about anti-sexual harassment policies. I have provided information on the definition, what to include in a policy, how to conduct an investigation and other information on the topic. However, I have not talked much about why have a...
The subject of disciplinary action for an employee who engaged in sexually harassing behavior is not a clean cut a problem as many people would think. Sure, many employers would love to just fire someone. But the issue may not be as easy as that....
Imagine this scenario, you are a business owner. Business is good, you are making good money, providing a great service, you have grown in the past few years, you have a staff of 25 people and all seems to be good in the world. Then your...
As much as we hope it would not be the case in our own company, sexual harassment remains a real problem in American workplaces. Employers with more than one employee will run the risk of a harassment claim and employers really should have a written...
Sexual harassment law can be complicated and because each incident is very fact specific it is not always so easy to know what harassment it and isn't. Fortunately, unlike other areas of the law, both the federal government and state governments are pretty specific about...
On a regular basis, I will try to highlight some cases, scenarios or other methods of demonstrating some topics of concern to small business owners and hopefully provide some case study based examples. This week, I have been talking about what is sexual harassment, so I...