HomeCategory Labor & Employment

Fifth Circuit Court Decision Highlights the Importance for Employers to Act in Good Faith and Without Delay When Making Accommodations for Employees With Disabilities

A recent decision by the Fifth Circuit Court speaks to a larger issue about an employer’s willingness and cooperation to reasonably accommodate employees with disabilities. As this case shows, delays can have a negative impact on individuals who need assistive resources to carry out their responsibilities. To ensure that your business embeds these good faith...

How Employers Can Protect Privacy Rights During OSHA Inspections Utilizing AI-Driven Tools

Employees have a reasonable right to privacy and safety in the workplace, and employers have a responsibility to protect these rights. However, as OSHA integrates AI tools into its inspection processes, concerns about privacy and transparency abound. To navigate the potential legal ramifications this could cause your business, it is essential to hire a Texas...

The FTC’s Noncompete Agreement Ban Has Been Blocked by a Texas Federal Judge – What Employers Should Know

Noncompete agreements have come under fire recently as the Federal Trade Commission (FTC) sought to ban the use of noncompete agreements in many instances. As the FTC’s actions faced a lawsuit and legal battle, a Texas judge blocked the ruling by issuing a nationwide injunction. However, employers must still remain aware of the ongoing status...

Six-Month Contractual Limitations Period for Discrimination Retaliation Claims Upheld by 5th Circuit Court

In a recent ruling that has garnered significant attention, the Fifth Circuit Court of Appeals upheld a six-month contractual limitations period for discrimination retaliation claims. This decision has far-reaching implications for employers and employees, reshaping the landscape of employment law in Texas and beyond. The Labor & Employment Group at Fee, Smith & Sharp LLP...

What Texas Employers Should Know About the EEOC’s Proposed Enforcement Guidance on Harassment in the Workplace

The Equal Employment Opportunity Commission (EEOC) is working to finalize its first comprehensive guidance in over two decades to help employers recognize and prevent prohibited harassment in the workplace. The guidance is not legally binding but attempts to clarify the EEOC’s position as to the kinds of conduct that will be considered discriminatory. A consistently...

What High-Hazard Employers in Texas Should Know About OSHA’s New Submission Requirements for Injury and Illness Records

According to its mission statement, the Occupational Safety and Health Administration (OSHA) exists to “ensure safe and healthful working conditions for workers by setting and enforcing standards and by providing training, outreach, education, and assistance.” To that end, OSHA consistently updates regulations and employer requirements. A recent update addresses high-hazard industries and how and when...

Fifth Circuit Court Decision Could Make It Easier for Employees to Bring AI-Driven Discrimination Claims Against Texas Employers

Being under the authority of the Fifth Circuit, Texas employers have been given a bit of a pass when it comes to Title VII compliance. However, in 2023, the Fifth Circuit Court of Appeals broadened its interpretation of what constitutes an adverse employment action under Title VII of the Civil Rights Act of 1964. This...

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