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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...

Texas Data Privacy and Security Act Could Have Major Implications for Many Companies That Do Business in the State

Businesses use personal data to understand consumer needs and develop business strategies. Data privacy and security laws are an attempt to balance the needs of businesses to collect and maintain personal information with the rights of individuals to protect their private data from unauthorized use. While some federal legislation has been passed, the burden still...

Reduced Statute of Repose on Residential Construction Projects by Texas Legislature Could Significantly Limit Builder Warranty and Defect Claims Moving Forward

In June 2023, Texas made a change to a long-standing law regarding the rights of residence owners to make claims for design or construction defects against persons who construct, alter, or repair residential property. Residential builders are not required to provide homeowners with warranties guaranteeing their work – though many choose to do so. Instead,...

Final Rule Unveiled by FMCSA Will Tighten Rules for Trucking Companies Providing Relief During Emergencies

In a bid to enhance the efficiency and safety of emergency relief efforts, the Federal Motor Carrier Safety Administration (FMCSA) recently unveiled a Final Rule aimed at tightening regulations for trucking companies involved in providing crucial relief services during emergencies. This significant development comes as a response to the increasing need for streamlined operations in...

Federal Circuit Court Leaves One Issue Unresolved on Trademark Incontestability and Fraud on U.S. Patent and Trademark Office

A trademark registration is presumptively valid for five years. However, after that time period, the rights to the trademark may become incontestable if the registrant proves the statutory requirements. One important recent federal circuit case is Great Concepts Management Group v. Chutter, Inc., WL 6854647 (Fed. Cir. Oct. 18, 2023). The Trademark Trial and Appeal...

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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