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Most Common Workplace Lawsuits and How to Minimize Their Impact

Employment-related lawsuits are common and employees may sue employers for a variety of reasons.  Sometimes even the most buttoned-up organization may find itself charged with an employment law violation that ends in a courtroom. A lawsuit can be costly and inconvenient for an employer, so the best way to minimize legal damages is to take appropriate action in advance of any lawsuit so that you can successfully defend and defeat that lawsuit at the lowest cost possible. Here some common workplace lawsuits and how to efficiently manage them. Harassment When you think of harassment in the workplace, sexual harassment may Read more
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Avoid Discriminatory Filters Using AI Tools in Employment Searches

Texas employers who are planning to hire new employees may be considering the use of artificial intelligence (AI) technology to assist in the hiring process. According to an article in Risk Management, AI technology provides several benefits to employers in many different fields and industries. As that article explains, “some of the applications include employee recruitment and hiring, with AI promising to bring increased efficiency, lower costs, and better candidates to companies that employ technology in recruiting and hiring.” Unfortunately, some AI tools can be discriminatory and may open your business to liability to employment discrimination claims. One problem with Read more
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Employment Law Considerations When Buying a Business

If you are considering buying a business in Texas, you need to consider several key employment law issues that could ultimately impact your ability to run the business. Buying a business is complex, and you should work with a lawyer throughout the process on various legal issues concerning the purchase agreement, due diligence, and other matters. You should also work with an experienced Texas employment law attorney who can determine whether there are any employment law considerations that you will need to contend with in the process of acquiring the business and running it according to your plans. The following Read more
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Understanding Age Discrimination Claims in Texas

Age discrimination in employment in Texas is prohibited under the federal Age Discrimination in Employment Act of 1967 (ADEA) and Chapter 21 of the Texas Labor Code. However, employers in Texas need to know that federal and state laws only protect against discrimination against employees who are 40 years of age or older. Further, employers may only be covered — and thus required to comply with the law — if they employ 15 or more workers (although the ADEA has an employee threshold of 20 or more employees, Chapter 21 sets the threshold at 15 and, thus, employers in Texas Read more
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Complying with Posting Requirements for Remote Workers

Employers in Texas must comply with requirements to provide employees with notices concerning their rights and workplace safety issues through posters. These posters are designed to provide employees with information about their rights under both Texas state and federal law. Failure to display one or more of the required posters can result in liability for an employer. Yet understanding how these poster requirements work for remote or work-from-home employees can be complicated. Our experienced Dallas employment lawyers have information to help your business remain in compliance with state and federal law regardless of whether you have employees in the physical Read more
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Texas’s New Sexual Harassment Laws- What Employers Should Know

Two employment law bills recently took effect in Texas on September 1, 2021, that expand certain protections for employees in Texas workplaces. The bills, SB 45 and HB 21, expand protections to employees specifically concerning sexual harassment in the workplace under the Texas Labor Code, allowing more employees to have eligibility to file a claim and giving employees a longer statute of limitations for these types of claims. The laws are specific to sexual harassment in the workplace and do not extend other types of employee protections in the workplace. Employers in Texas should learn more about the changes to Read more
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Can an Employer be Held Liable for Pandemic Injuries/Death Under TX Law?

It is important for employers in Texas to understand potential issues of liability pertaining to COVID-19 infections and deaths connected to their businesses or places of employment. Indeed, many employers in Texas have questions about whether they can face lawsuits if an employee or a customer contracts COVID-19 at their business and becomes seriously ill or dies. If you are an employer in Texas, our Dallas employment law attorneys can provide you with the information you need about liability for pandemic injuries and deaths under Texas law. Broad Protections Under the Pandemic Liability Protection Act (PLPA) On June 14, 2021, Read more
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What Employers Need to Know About Texas Firearm Carry Act

Can employers in Texas prevent employees from carrying firearms at the workplace? This is a common question among many employers since the passage of the Firearm Carry Act of 2021, which took effect on September 1, 2021. The law is similar to bills passed in other states that allow individuals to carry firearms without a permit. In Texas, anyone who is 21 or older can possess and carry a firearm publicly without obtaining a permit. The law does not allow individuals to carry firearms if they are otherwise prohibited to do so under Texas state or federal law. Further, the Read more
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Understanding “Long COVID” & ADA Disabilities Protections

Many employers in Texas are facing disability accommodation requests from employees related to COVID-19. Some of those accommodation requests concern protections against exposure or spread in the workplace due to the employee’s disability, while others concern the disabilities that the employee has developed as a result of being infected with the coronavirus. It is critical for employers to understand what employees and commentators mean when they refer to “long COVID,” and what this term means for accommodating an employee’s request for accommodations under the Americans with Disabilities Act (ADA). The following information is designed to help employers who are navigating Read more
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Where’s the Line? What is a “Hostile Work Environment”?

Whether you are taking policy steps at your business to protect against harassment in the workplace or you are facing an employee discrimination claim that alleges a hostile work environment, it can be difficult to know what actually constitutes a hostile work environment. While you might know that a hostile work environment is one in which an employee faces harassment or discrimination, you might also be wondering: Where is the line? In other words, when does certain language or behavior rise to the level of creating a hostile work environment in Texas? Understanding the Hostile Work Environment & Harassment in Read more