McDonald’s hamburger chain is facing the first test of a new approach to franchise workers. The new approach started with a NLRB decision last Summer that found in certain cases, the parent franchisor could be responsible for employment decisions made by the franchisee. See my comment about that decision here.
The McDonald’s case started
One recurring issue in employment cases is the breadth of discovery that is allowable. Many employers want to seek the records of the plaintiff’s former jobs. That means the employer can possibly rummage around the employee’s former jobs and see if there is any dirt that will help the employer. Unfortunately, some plaintiff attorneys do
So, back in 2012, the presidential election was between Barack Obama, son of a black father and white mother, and Mitt Romney, whose father was born in Mexico. Don Trump’s spokesperson tweeted at the time: “Perfect Obama’s dad born in Africa, Mitt Romney’s dad born in Mexico. Any pure breeds left?” See CBS news report
What happens when an employer affords a right of redress to its employees, but not really? The large counties in Texas have the statutory right to create civil service commissions. The commissions provide a measure of job protection to county employees. In providing these protections, politics is removed from job issues, in theory. See generally
While we rush around searching for last minute Christmas presents and securing the last of the tamales, some few Americans are still fighting their wars. They fight their wars right here in San Antonio at the excellent Army hospital at Ft. Sam Houston. Gunnery Sergeant Eden Pearl was such a warrior. On a patrol in
National Public Radio and Propublica have been running a series on worker’s compensation systems in various states. One such state is Texas. Billy Shawn Walkup worked for Tysons Foods in Vernon, Texas. Tyson is self-insured, meaning they do not carry worker’s compensation insurance. Instead, the company itself pays for the medical care of workers injured
The right to confront one’s accusers in trial is a fundamental principle of our judicial system. Or, is it? One lawyer learned that confronting one’s accusers is not so fundamental, after all.
Ernesto Martinez, Jr. was accused of double billing. That is, he was accused of billing two different sets of clients for the same
Many white folks just do not see the biases in our society that minorities see. Survey after survey reflect this lack of vision. We see that dichotomy again in the situation involving the University of Missouri football team. The team is threatening to “strike” a game not because the University President has been racist or
In one recent case, the employer did not move for summary judgment or otherwise seek to dismiss. The case was filed by Jamel Blanton, Arica-American, and alleged racial and sexual discrimination. The female restaurant manager was accused of saying such things as: “do all black guys have big penises?” “What I would do for you
County Clerk Kim Davis has gone to jail rather than enforce the Supreme Court’s ruling that gay persons can marry. See CBS news report. She claims she is acting on her conscience. But, in my opinion, if she was following the dictates of her conscience, she would simply resign. Law enforcement officials face these