Summary: On January 5, 2023 the Federal Trade Commission has published a proposed rule that would ban employers from forcing their employees to sign non-compete agreements. While, this is still only a proposed rule, it signals a growing concern over the harmful effects that non-competes have on the American workforce.
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With Layoffs on the rise, it has put a palpable amount of pressure on workers around the country. Turning a season of cheer into one of stress and uncertainty. There are many laws that are in play that govern how an employer must go about
Summary: Despite the fact that we have all grown up with the ideal that everyone should get their day in court, the sad reality is that fewer and fewer cases are going to trial. In large part this is because the rise of motions for summary
Removing and remanding a case to and fro state court is a rather straightforward process. Yet, there still exists a variety of procedural quirks and often unused processes that can make this a daunting task. In this blog I would like to present a very basic
With the increase of remote work and tech jobs in Texas, moonlighting appears to be on the rise. This naturally leads to the question: can my employer fire me for moonlighting? There is no simple bright line rule. Instead, it requires knowing what your company’s rules
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While many individuals are familiar with how overtime calculations work, this calculation is often times made more difficult in the case of tipped employees. In this blog, I am to shed some light in some of the most often seen errors that are seen by
Summary: Determining whether an employee is able to be paid for time spent on call is a rather complex and fact intensive inquiry. Indeed, the absence or presence of a facts can be the difference in being owed thousands of dollars in unpaid wages. In this
One of the most efficient ways in the discrimination context to show that an employer’s stated reason for termination is false is showing that it has changed its reason for termination. The applicable case law calls these shifting reasons, and it is a powerful tool in
One of the most common things I hear during consultations is a worker telling me that they “do not have any evidence” of to support their story. They go on to elaborate that they have no documents, emails, or anything tangible to further their claim. While
Most people are familiar with an employer’s duty under the Americans with Disabilities Act to provide a qualified worker with a reasonable accommodation so that they are able to perform the essential job functions of their position. Yet, not as many people are aware that Title
