HomeCategory Labor & Employment

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...

Exit Strategy: How the NLRB Has Hampered Employers’ Ability to Protect Its Reputation

The written agreement is the most common tool for employers to outline rights, responsibilities and protect their reputation from harm from disgruntled employees. In particular, severance agreements have been the cornerstone of protecting the employer’s rights and preventing the unnecessary cost of future lawsuits involving their staff. However, recently, the National Labor Relations Board (“NLRB”)...

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