The United States Supreme Court recently ruled, contrary to the National Labor Relations Board position, that the National Labor Relations Act (NLRA) does not prohibit class action waivers in arbitration agreements. The Supreme Court found in a 5-4 decision that the NLRA does override the Federal Arbitration Act’s instruction that arbitration agreements are to be […]

….but the headlines will miss the real head turning determination in this opinion.  On April 6, 2018, the Texas Supreme Court released its opinion in Alamo Heights Ind. School Dist. v. Clark, 2018 Tex. Lexis 271 (Tex. 2018).  This case arose from a female gym teacher’s (Catherine Clark) complaints about another female gym teacher (Ann […]

For the most part, the Trump Administration has done little to give those in Human Resources headaches, unlike the prior administration.  Where the Trump Administration has the potential to cause those in HR headaches relates to immigration enforcement.  On October 17, 2017, Thomas Homan, acting director of Immigrations and Customs Enforcement (ICE), announced that they […]

The Obama Department of Labor suffered a loss in District Court in Texas. Judge Amos Mazzant of the United States District Court for the Eastern District of Texas struck down the Obama Administration’s increase in the minimum salary for exempt employees that was scheduled to be effective on December 1, 2016. Nevada v. Department of […]

I’m unsure whether to call the Seventh Circuit’s opinion holding that Title VII protects against Sexual Orientation discrimination inevitable. What the opinion represents is legislation from the bench, which is not as uncommon as the general public may believe. First, let us discuss the facts of Hively v. Ivy Tech Community College of Indiana (7th […]

DOL SALARY INCREASE ENJOINED BY U.S. DISTRICT COURT IN SHERMAN In a clear upset, Federal Judge Amos Mazzant of the United States District Court for the Eastern District of Texas issued an opinion today granting the State of Nevada and multiple other states’ emergency motion seeking a preliminary injunction preventing the Department of Labor’s increase […]

A recent 2nd Circuit Court of Appeals case shows how a lack of patience, jumping to conclusions and ignoring common sense can lead not only to the wrong conclusion but to protracted litigation.  In Vasquez v. Empress Ambulance Service, Andrea Vasquez, an EMT, claims that Tyrell Gray, a dispatcher and co-employee, made a romantic overture […]