Russ Cawyer posts about the coming demise of the so-called "no fault" leave policy, better described as fixed leave policies. He notes that the EEOC has been aggressively pursuing companies who implement such policies. Under these policies, once an employee has been out on leave for a certain length of time, the employee is terminated
OUR Wal-Mart May Improve Working Conditions
Wal-Mart has famously, perhaps infamously opposed union organization in its stores. They have survived the very few union elections that have been held. But, they may not survive the latest effort to improve working conditions at Wal-Mart stores. Organization United for Respect at Wal-Mart (OUR Wal-Mart) does not seek to form a union, but does
Stock Options Do Support a Non-Compete Agreement, After All
The Texas Supreme Court has ruled that stock options will indeed support a non-compete agreement. See last week’s Texas Supreme Court opinion in Marsh USA Inc. v. Cook.
I previously wrote about this case here and here. The Dallas appeals court had found in 2009 that stock options would not support a covenant not
Defendant Seeks Facebook and MySpace Entries
In a lawsuit in Houston, the defendant has filed a writ with the Texas Supreme Court seeking access to a plaintff’s Facebook and MySpace entries. The defendant wants the entries because they represent a "compilation" of who the plaintiff is. See petition for writ of mandamus. In Re Magellan Holdings, LP And
Dukes v. Wal-Mart Lives…..
Employment class actions have been dealt a blow by the recent decision in Dukes v. Wal-Mart. You can look at the decision here. The decision, as I understand it, finds a lack of "commonality" among the female plaintiffs because there is no one company policy that caused their discrimination. The "policy" the plaintiffs were
San Antonio Soldier Killed in Iraq
SGT Glenn Sewell was killed in Iraq by an IED (Improvised Explosive Device). SGT Sewell was assigned to the 1st Cavalry Division out of Ft. Hood. He was described by his fellow soldiers as happy, quick with a joke and the life of the party. He and another soldier were killed in Wasit Province, eastern
Child Protective Services Sued for Overtime Wage Violations
The US Department of Labor has filed suit against Child Protective Services for failure to pay overtime wages. The state actually enjoys sovereign immunity from such suits. So, if DOL does not initiate such suits, such a lawsuit might not be possible. According to the suit, CPS workers have been told to work off the
Guard and Reserve Suffer Quietly in the Two Wars
“Joe” serves in the US Army Reserve and works as a paramedic in is civilian life. Due to his Army service, his paramedic training has suffered. He now faces termination or resignation. He is no different than thousands of the Reservists and Guardsmen who try to juggle a civilian job with his Army service.
Continue Reading Guard and Reserve Suffer Quietly in the Two Wars
$95 Million Verdict in Sex Harassment Case
A federal district court jury in St. Louis found in favor of a woman claiming sexual harassment. They then awarded her $95 million, an unheard of amount in a single plaintiff case. The unlucky defendant was aaron’s Inc. formerly known as Aaron’s Rent-to-Own. See St. Louis Today report. 
The amount includes $15 million
Administrator Who Sent Bawdy Emails Quits
The female administrator who sent some bawdy emals has resigned. Donna Laird, the former radiography director for St. Phillip’s College quit after an investigation into her sexist, racist and raunchy emails. See San Antonio Express News report. I previously discussed her emails and the EEOC complaint by Warren Parker here. Mr. Parker was