Flow it, Show it, Grow it! My Hair!

By Joseph Hunt Race under Title VII is often framed as an “immutable characteristic.” Yet courts struggle with the notion that expressions of identity and culture can be extensions of race. Hair is a good example. One’s hair may be part of one’s racial identity, and it can serve as a proxy for race. Courts, […]

NLRB Drums Out Musicians and “New York New York”

By Patrick Scully The National Labor Relations Board (“NLRB” or “Board”) has reversed one of the Obama Board’s most fiercely debated decisions and held that a property owner may lawfully prohibit the employees of a contractor or licensee from leafletting on its private property.  In February, 2017 San Antonio Symphony employees who were members of […]

On A “Need to Know” Basis

By Alyssa Levy Can you get sued for defamation because you conduct an internal investigation?  It depends on who you tell and what you say. In Warren v. Federal National Mortgage Assoc., a Texas court ruled in favor of the employer on a former employee’s defamation claim, based, in part, on the employer’s qualified immunity […]

NLRB Serves Up An Epic Ruling For Employers

By Patrick Scully In its first significant decision applying the Supreme Court’s holding in Epic Systems v. NLRB, 584 U.S. ____, 138 S.Ct. 1612 (2018), the National Labor Relations Board (“NLRB” or “Board”) ruled that a restaurant owner lawfully compelled its employees to sign a revised mandatory arbitration agreement.  The employer, an operator of Latin-themed […]

Freeze! Put your hands up and go review your attendance policy ASAP…

By Beth Ann Lennon The Sixth Circuit reminds all employers to carefully review even “no fault” attendance policies for FMLA compliance. Dyer v. Ventra Sandusky, LLC.  The employer used a collectively bargained, no-fault, attendance policy that required termination when an employee received eleven or more “points” due to absences.  Employees received points whenever they missed […]

EEOC Benchslapped for Umpteenth Time on Criminal Background Checks

By John Alan Doran In a case with a truly byzantine court history, Texas v. EEOC, Texas has once again prevailed in striking down the EEOC’s “guidance” on employer use of arrest and conviction records. Way back in 2012, the EEOC issued “guidance” making it extremely hard for employers to categorically exclude candidates based on […]