Reversing decades of precedent that limited the scope of Title VII of the Civil Rights Act, on Aug. 18, 2023, the Fifth Circuit en banc ruled in Hamilton v. Dallas County that “a plaintiff plausibly alleges a disparate-treatment claim under Title VII if she pleads discrimination in hiring, firing, compensation, or the ‘terms, conditions, or
A high-earning employee is not compensated on a “salary basis” when their paycheck is based solely on a daily rate calculated by the number of days worked, the Supreme Court held in Helix Energy Solutions Grp., Inc. v. Hewitt Feb. 22, 2023. Because the employee is not paid on a salary basis, the Court ruled
Included in the over 650 new laws that went into effect in Texas Sept. 1 was a little-publicized but important set of amendments to the Texas Commission on Human Rights Act (TCHRA), the state version of Title VII of the Civil Rights Act, which protects individuals from discrimination, harassment, and retaliation based on their protected
Shortly after the United States Department of Labor (DOL) issued its Final Rule implementing provisions of the Families First Coronavirus Response Act (FFCRA), the state of New York filed suit under the Administrative Procedure Act contending that certain aspects of the Final Rule exceeded the DOL’s authority. By Opinion and Order dated Aug. 3, 2020,
The enforceability of restrictive covenants, particularly non-compete agreements, can be very difficult for employers to navigate, especially for companies in their “start-up” phase. Technology companies in particular face challenges in structuring non-competes that balance their need to attract talent with their need to protect confidential and sensitive information, while preventing unfair competition by former employees.