Employment Law Problems

Many companies fail to use severance agreements. These agreements are critical to ensure that companies are protected from a variety of claims when an employee is terminated.  Companies must be prepared with an agreement that contains the relevant provisions that are needed any time an employee is let go. In this episode, I outline some of the most common severance agreement provisions. If you would like more information about severance agreements, then you can read this post on my blog: https://texaslaborlawblog.com/severance-agreement-checklist/Nothing in this episode is legal advice. 

In this episode, I review the various provisions that employers should consider adding to their employee handbooks. No employer is too small to have an employee handbook. By reviewing these provisions employers will be better able to decide what provisions they may need.  For more information on this topic you can read my blog post here:  https://texaslaborlawblog.com/employee-handbook-checklist/Disclaimer; nothing in this podcast is legal advice. 

Sexual Harassment does not belong in any workplace. Unfortunately, it occurs in many workplaces throughout the country every day. In this episode I will review how to prevent sexual harassment in the workplace including the policies and practices that can be used to help reduce instances of sexual harassment at a company.  You can read more about preventing sexual harassment on my blog:https://texaslaborlawblog.com/office-romance/https://texaslaborlawblog.com/bystander-training-the-best-defense-against-sexual-harassment/Nothing in this podcast is legal advice. 

he National Labor Relations Board has become more aggressive than ever in enforcing the national Labor Relations Act. But too many employers are unaware of how the National Labor Relations Act applies to them and what to do if they receive an NLRB charge. In this episode, I discuss the steps to take once a NLRB charge is filed against your organization.  Nothing in this podcast is legal advice. You can read more about responding to an NLRB charge here: https://texaslaborlawblog.com/nlrb-unfair-labor-practice/

In this episode, I discuss how companies typically respond to an EEOC charge including what they do when they first receive notice of a charge, common pitfalls to avoid, and drafting the statement of position. For more information on the topics in this episode, you can view my blog posts on the issue: How to Respond to an EEOC Charge - Texas Labor Law BlogDisclaimer: Nothing in this episode is legal advice. The opinions in this podcast are my own and do not represent the views of my firm or anyone else. 

In this episode, I discuss the various independent contractor tests including that are currently used in Texas to determine whether a worker is an employee or independent contractor. The episode examines the twenty factor test that is traditionally used and the new test used to determine whether workers in the gig economy are independent contractors or employees. For more information on the topics in this episode, you can view my blog posts on the issue https://texaslaborlawblog.com/independent-contractor-test/  (discussing the twenty factor test) and https://texaslaborlawblog.com/independent-contractor-or-employee/ (discussing the test used for gig workers). In these posts, I discuss the independent contractor tests used in Texas in more detail.Disclaimer: Nothing in this episode is legal advice. The opinions in this podcast are my own and do not represent the views of my firm or anyone else. 

In this episode, I discuss my labor and employment law predictions that I made for 2021 and my labor and employment law predictions for 20222. You can read more about my past predictions for 2021 here:  https://texaslaborlawblog.com/2021-labor-and-employment-predictions-reviewed/You can read about my predictions for 2022 here: https://texaslaborlawblog.com/2022-labor-and-employment-law-predictions/Disclaimer: Nothing on the episode is legal advice.

The Texas Legislature finished up a jam-packed legislative session this summer that will have profound impacts on employment law in the state of Texas. In this episode, we discuss some of the bills that were enrolled this year and their impact on employers in the state. You can read more about the issues discussed on this episode in this post on my blog here: https://texaslaborlawblog.com/texas-2021-labor-and-employment-legislative-update/Nothing in this podcast is legal advice.

In this episode, I discuss the Supreme Court's labor and employment law cases for the 2020-2021 term. Among the cases discussed are Cedar Point Nursery v. Hassid, which concerned access for unions to agricultural employers in California. The Court found that granting unions access for up to 3 hours per day for 120 days per year was a taking and the employers should have been compensated. I discuss what this means for other union cases in the future. The episode also discusses California v. Texas, which concerns the Affordable Care Act; Henry Schein Inc. v. Archer and White Sales Inc., which deals with the enforceability of arbitration agreements; Fulton v. City of Philadelphia, which demonstrates the Court's willingness to enforce religious rights and religious liberty; National Collegiate Athletic Association v. Alston, where the court held that the NCAA's prohibition on education related benefits (e.g., scholarships) for college athletes violates antitrust laws and questioned the other compensation structures in college athletics; Tanzin v. Tanvir, another case where the court upheld religious liberty; TransUnion LLC v. Ramirez, a case concerning standing for class members in a class action; and Van Buren v. United States, which concerns individuals that exceed their access privileges on computers and will have implications for employers that try to protect their trade secrets.  You can read more about the cases on my blog at https://texaslaborlawblog.com/supreme-court-2020-2021-labor-and-employment-term-roundup/.As always, nothing in this podcast is legal advice. 

In this episode, I discuss OSHA's emergency temporary standard for businesses that engage in healthcare and healthcare support services. Specifically, I address which business must follow this standard, what are the requirements, and how businesses can follow the requirements that are outlined within the standards.  I also briefly discuss some of the other guidance that OSHA has issued for other businesses and what businesses can do to keep their employees safe. You can view more about OSHA's emergency temporary standard on their website: https://www.osha.gov/coronavirus/etsYou can view learn more about what employers should do regarding COVID on the following posts on my website:https://texaslaborlawblog.com/top-10-post-covid-19-coronavirus-employment-law-issues/https://texaslaborlawblog.com/how-to-reopen-a-business-and-recall-employees/https://texaslaborlawblog.com/crisis-management-employees-and-covid-19-coronavirus/https://texaslaborlawblog.com/remote-work-and-covid-19/https://texaslaborlawblog.com/covid-19-coronavirus-texas-employers/Disclaimer: Nothing on the episode is legal advice. 

In this episode, I discuss the recent union organizing drive at Amazon including some of the reasons that employees may have voted for a union and why the employees ultimately voted down the union. I also explore how organizing drives typically begin and the differences between the two types of organizing drives: union driven and employee driven. I analyze what causes these two different types of campaigns to start and what employers can do before a campaign begins. Finally, I discuss what an employer can do during a union organizing campaign. I also review the concept of TIPS (threaten, interrogate, promise, or spy) so that employers can learn the basics of what they cannot do in a union organizing drive. You can learn more about this issue from my blog post on the topic: https://texaslaborlawblog.com/respond-union-organizing/ Disclaimer: Nothing on the episode is legal advice. 

Workplace investigations are one of the most critical steps to respond to any employment law or other workplace problem. Unfortunately many companies are ill prepared to conduct an investigation or do so in a haphazard manner. In this episode, I review how companies can successfully conduct investigations in the workplace.  The first part of the episode covers what companies  should do before an investigation occurs including training managers, having a handbook, and having procedures in place for employees to raise complaints. The second part of the episode concerns how to conduct an investigation including the biggest problems with investigations, how to interview witnesses, and how to gather evidence. The third part of the episode reviews how to conclude an investigation including how to tell whether a witness is reliable and other factors that should be considered in making a determination. For more information on this and other topics you can go to my labor and employment blog athttps://texaslaborlawblog.com. The posts on workplace investigations (https://texaslaborlawblog.com/how-to-conduct-effective-workplace-investigations/ and https://texaslaborlawblog.com/remote-investigations-in-the-workplace/) cover much of the content that was discussed in this episode. 

In this episode, I discuss Governor Abbott's executive order GA-34, which ended Texas's mask mandate. The podcast reviews what this means for Texas businesses and whether they can continue to require employees and customers to wear masks. Listeners will also discover what accommodations should be considered for individuals with a religious objection to COVID vaccines or a particular COVID-19  vaccine and individuals that may not be able to take the COVID vaccine because of a disability. Finally, the podcast reviews potential accommodations for workers that are pregnant or may become pregnant and request an accommodation. Disclaimer: This podcast is not legal advice. For legal advice you need to talk to a lawyer.