Kilgore & Kilgore Employment Lawyers Handle ERISA, Non-compete Clauses, Non-solicitation Clauses and FINRA Claims
An employment lawyer stays current on the latest judicial decisions and changes in federal and state statutes affecting employment litigation. This page serves as a jumping off point so you can find and read the blog articles that an employment lawyer has written. Scroll down and click on any title listed below to get to a particular article.
New Federal EEOC Workplace Harassment Guidelines and Employer Liability
Posted on November 09, 2023 – New federal EEOC harassment guidelines on best practices for sexual harassment, employment discrimination, LGBTQ+ harassment, and employer liability brings the issue of employer liability to the front of the discussion… Read Article
Pregnant Workers Fairness Act and PUMP Act Expand Employment Law Protections for Women
Posted on June 02, 2023 – At the end of June 2023, there will be two new employment laws on the books. Both address and support the needs of female employees. The Pregnant Workers Fairness Act and PUMP Act address the need for reasonable accommodations for female job applicants and workers who are pregnant. The PUMP Act expands accommodations for mothers to express breast milk during working hours… Read Article
FTC Moves to Prohibit Noncompete Clauses in Employment Agreements
Posted on March 22, 2023 – In January 2023 the FTC issued a proposed new rule concerning noncompete clauses in employment agreements. The FTC says the noncompete restrictions stifle competition and lower worker wages. Human resources professionals and company owners do not agree. This proposed rule at the federal level signals change is coming for companies wishing to legally protect themselves from migrating employees and rival competitors… Read Article
Texas Whistleblower Case Involved Employment Retaliation
Posted on November 16, 2022 – Initially won in court, this appeals case involving a retaliation claim for firing two public sector employees ended up as a whistleblower case… Read Article
CEO Sues Employer for Firing Him to Prevent A Stock Award
Posted on January 28, 2022 – A former CEO with an employment contract promising company stock and other benefits claims he was the victim of a bait-and-switch scheme when he was fired just before he would have become entitled to the incentive compensation… Read Article
Termination for Cause Provisions in Employment Contracts
Posted on July 31, 2021 – Termination for cause provisions in employment contracts should be reviewed by a lawyer on behalf of an executive or employee before signing the employment contract. There are other pitfalls for the executive or employee that can be avoided by seeking legal advice prior to execution of the employment contract… Read Article
Fifth Circuit Strikes a Blow Against Wage and Hour Lawsuits
Posted on April 14, 2021 – On January 12, 2020, the Fifth Circuit Court of Appeals handed down a decision that will likely make it more difficult for Texas workers to make minimum wage, overtime, and other claims under the Fair Labor Standards Act (FLSA). The case, known as Swales v. KLLM Transport Services, is so recent that its impact has yet to be fully felt in upcoming lawsuits. One thing is clear, though: this is going to take some strategic legal thinking for workers who prevail better in court when they can join in FLSA collective action lawsuits. For those seeking the protection of wage and hour laws, good legal help is more important than ever before… Read Article
Employee Communications – Know Your Rights and Protections
Posted on October 23, 2019 – Are you concerned about the privacy of your personal phone calls, texts, emails and social media posts at work? Texas employees should know the boundaries before they overstep, because employers have the right to monitor employee communications that make use of employer-owned phones, computers and networks. On the other hand, every employee also has the right to expect that personal data will be protected from those who have no right to access it. Learn how you can protect your employee rights… Read Article
U. S. Supreme Court Defines Age Discrimination Law
Posted on January 29, 2019 – Two laid off firefighters brought an age discrimination lawsuit that split the decisions in two courts. The case was brought to the U. S. Supreme Court which ruled in favor of their claim and widened the definition of a federal statute known as the ADEA. So, they are back in court in Arizona trying to win… Read Article
Sex Discrimination in the Workplace Based on Wages
Posted on June 11, 2018 – Sex discrimination claims in the workplace include gender-based wage disparities, which are prohibited by the EPA and Title VII. In a recent case, Rizo v. Yovino, the trial court’s decision was upheld by the Appeals Court, which affirmed the trial court’s decision and sent it back… Read Article
The ADA Has a Strict Definition of a Reasonable Accommodation
Posted on October 07, 2017 – Under the ADA, a covered employer is required to make a reasonable accommodation for a qualified individual with a known disability. To be a qualified individual with a disability under the ADA, the employee must be able to perform the essential functions of his or her job with or without reasonable accommodation. If an employee cannot show that he or she is a qualified individual as a threshold matter, then any claim in court for disability discrimination will fail… Read Article
Federal Contractors May No Longer Deny Paid Sick Leave
Posted on January 03, 2017 – Employees who work for companies that are federal contractors may be entitled to paid sick leave from their employers. This new benefit comes through an executive order signed by President Obama. It applies to work connected with federal government contracts solicited after January 1, 2017, as well as to replacements of expired federal contracts. The right to paid sick leave for qualified employees of federal contractors comes in addition to the current right to a federal minimum wage… Read Article
Non-compete Clause in Employment Agreements in Texas
Posted on March 29, 2016 – Employment agreements often include non-compete, non-solicitation, and non-disclosure clauses known as restrictive covenants. Typically, the non-compete restriction becomes effective on the date of the employee’s separation from employment and remains in effect for up to three years. A non-compete covenant usually contains a geographical area that is off limits and describes the business activity to be restrained… Read Article
No-Poaching Agreements Between Companies are Illegal and Take Money Out of the Pockets of Employees – by Ted Anderson
Posted on March 5, 2015 – Apple, Google, Intel and Adobe recently agreed to a $400 million settlement to be distributed among more than 64,000 employees who worked at those companies between 2005 and 2009. Each company agreed not to make cold calls to the employees of other companies. The U.S. Department of Justice found that these agreements literally took money out of the pockets of the affected employees by suppressing… Read Article
Retirement Claims – Pension Benefits from Multiple Employers No Longer Sacred
Posted on January 23, 2015 – Until recently, retirees entitled to pension benefits under retirement plans from multiple employers could rest assured that their benefits could not be cut by plan trustees unless plan assets were exhausted, mainly because ERISA, the federal Employee Retirement Income Security Act, made it illegal for trustees to do so. But in 2014, all that changed… Read Article
Preventing Sexual Harassment at the Holiday Office Party by Ted Anderson
Posted on December 16, 2014 – One-minute interview recording of Ted Anderson, Employment Lawyer, on Fox News WILS Dallas… Hear It
Safety and Sensibility at the Holiday Office Party
Posted on December 16, 2014 – One-minute interview recording of Ted Anderson, Employment Lawyer, on Fox News KOGO Dallas… Hear It
Protecting the Company Hosting the Holiday Office Party
Posted on December 16, 2014 – One-minute interview recording of Ted Anderson, Employment Lawyer, on Fox News WHAS Dallas… Hear It
Holiday Gifts in the Workplace – Good or Bad Idea?
Posted on December 31, 2014 – One-minute interview recording of Ted Anderson, Employment Lawyer, from Fox News WILS… Hear It
Holiday Gifts in the Workplace – Good or Bad Idea?
Posted on December 31, 2014 – One-minute interview recording of Ted Anderson, Employment Lawyer, from Fox News WHBC… Hear It
Holiday Gifts in the Workplace – Good or Bad Idea?
Posted on December 31, 2014 – One-minute interview recording of Ted Anderson, Employment Lawyer, from KTRH News Radio… Hear It
When an Employee is Fired for a Facebook Posting, is a Wrongful Termination Lawsuit Appropriate? Only an Employment Lawyer Can Say
Posted on June 14, 2013 – Imagine making a joke on Facebook weeks before starting a new job, and six months later, being fired by your new employer based upon this pre-employment Facebook post. That is exactly what happened… Read Article
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