Dallas Employment Lawyer Blog

A Trip to Mexico: Employment Law Update

October 11, 2024 | Deontae Wherry

Dallas Employment Trial Lawyer Deontae Wherry

Attending the Texas Employment Law Association (“TELA”) Continuing Legal Education (“CLE”) event in Guadalajara, Mexico, last week was a rewarding experience that seamlessly blended professional development with cultural exploration. The weather was beautiful, ranging from 60 to 84 degrees and sunny, enhancing the overall enjoyment of the event.

The CLE gathered employment attorneys from various regions, providing a valuable opportunity for networking and idea exchange. The sessions covered a wide range of relevant employment law topics, featuring expert speakers who shared insightful perspectives on recent legal changes affecting both employers and employees. The interactive format encouraged engaging discussions, making the learning experience even more enriching.

Best Tips for Participating in Mediation: A Legal Perspective

October 10, 2024 | Riley Carter

Dallas Employment Trial Lawyer Riley Carter

Mediation is an increasingly popular alternative to traditional litigation, offering a more collaborative approach to dispute resolution. It allows parties to negotiate a mutually acceptable resolution with the assistance of a neutral third party. As an individual entering mediation, understanding how to effectively participate can significantly influence the outcome. Here are some key tips to consider.

Prepare Thoroughly

Texas Non-Competes Under Fire: What Employees Need to Know About Protecting Their Career Mobility

October 10, 2024 | justia.admin

Recent updates in Texas non-compete law have crucial implications for employees, particularly around job mobility and access to career opportunities. In August 2024, the U.S. District Court for the Northern District of Texas blocked the Federal Trade Commission’s (FTC) proposed nationwide ban on non-compete agreements, a rule that was set to eliminate these restrictions across the country. This decision preserves the enforceability of non-compete clauses in Texas, but it also signals ongoing legal battles that may ultimately shape the future of employee protections.

Here’s what employees should know about the current state of non-competes and how this affects them:

1. Ongoing Use of Non-Compete Agreements

Blessed Are the Informed: Employee Rights in Religious Workplaces

October 10, 2024 | Ellen Johnston

Dallas Employment Trail Lawyer Ellie Johnston

The intersection of faith, employment law, and personal rights creates a unique landscape for employees in religious institutions. While the First Amendment’s protection of religious freedom is paramount in American society, it doesn’t grant religious employers carte blanche to disregard employment laws or employee protections. For those working within religious organizations, understanding and protecting your rights is crucial.

It’s a common misconception that employees of religious institutions are without rights. In reality, many standard labor laws still apply, despite some exceptions for religious organizations. Federal anti-discrimination laws prohibit discrimination based on race, color, national origin, sex, and disability, even within religious institutions. However, these organizations may have some leeway when it comes to religious discrimination, particularly in hiring practices for roles central to their religious mission.

Are employers trying to make at-will employment a one-way street?

September 5, 2024 | Austin Campbell

Dallas Employment Trial Lawyer Austin Campbell

This article tries to put workers on notice that employers are increasingly trying to set up situations where they can fire employees at any time and for any reason, but the employees are not allowed to seek work elsewhere without their boss’s say-so. This could result in workers being essentially trapped in their jobs against their will.

Texas is an at-will employment state. What that is supposed to mean is that (barring some specific legal violation) employers can fire an employee or any reason or no reason, and an employee can quit for any reason or no reason. For all practical purposes, there is a presumption of at-will employment in Texas. And nominally the 13th Amendment, which bans slavery, also prevents employers from forcing (non-prisoner) employees to work for them. However, in the last several years there have been increasing instances of employers trying to make at-will employment a one-way street—namely, that they can fire employees for any reason or no reason, but employees can’t leave without their employers’ permission.

Why AI can’t give you real legal advice

August 5, 2024 | Austin Campbell

Dallas Employment Trial Lawyer Austin Campbell

Summary: AI is an amazing tool, but its use in the legal field is limited. This article cautions against people—lawyers or non-lawyers—becoming reliant on AI that fundamentally is not intelligent or able to meet the ethical standards of giving legal advice.

To say “Artificial Intelligence” is one of the hottest topics in today’s society is probably an understatement. From Google now putting AI-generated results first for most internet searches, to the creation of AI “assistants” to help write emails, to media companies having AI draft press releases or even full news articles, you probably see AI-generated language every single week.

Understanding Legal Ethical Rules on Taking Legal Costs Out of Client Settlements

August 1, 2024 | Riley Carter

Dallas Employment Trial Lawyer Riley Carter

When clients settle their legal disputes, the way legal fees are handled can significantly impact their financial outcome and trust in their attorney. Legal ethics play a crucial role in guiding how lawyers manage and deduct costs from settlements. Let’s delve into the ethical rules and considerations surrounding this practice to ensure that legal professionals maintain transparency, fairness, and compliance with established standards.

The Ethical Framework

A Texan’s Guide to Unemployment Benefits

August 1, 2024 | Ellen Johnston

Dallas Employment Trail Lawyer Ellie Johnston

Unemployment benefits provide crucial financial support to individuals who have lost their jobs. Understanding how to navigate the Texas Workforce Commission (TWC), the appeal process, and the distinction between being fired for work-related misconduct versus other reasons can significantly impact Texas employees’ eligibility and benefits.

In Texas, the Texas Workforce Commission administers unemployment benefits, determines an employee’s eligibility, and processes unemployment benefit claims.

The Muldrow decision might spell the end of the “severe or pervasive” standard for hostile work environments claims.

June 4, 2024 | Austin Campbell

Dallas Employment Trial Lawyer Austin Campbell

Summary: This article discusses a possible future application of the reasoning in Muldrow v. St. Louis, by comparing that case to past decisions that set up the “severe or pervasive” standard.

I previously wrote about the U.S. Supreme Court’s decision in Muldrow v. City of St. Louis, in which the Court made it clear that discrimination is unlawful as long as it causes “some” harm. A plaintiff does not have to meet some arbitrary bar of “significant” harm just to bring their case. Any disadvantageous change in the “terms, conditions, or privileges of employment,” if done for an unlawfully discriminatory reason, violates Title VII. This article explores one area, hostile work environment claims, where Muldrow’s reasoning could also apply.

Furry Colleagues: The Legal Implications of Bringing Pets into the Workplace

May 17, 2024 | Riley Carter

Dallas Employment Trial Lawyer Riley Carter

In recent years, the concept of bringing pets into the workplace has gained significant traction. For many, having their furry companions by their side during the workday brings a sense of comfort and alleviates stress. However, while the idea may seem simple and appealing, there are various legal considerations that both employers and employees need to take into account before implementing a pet-friendly policy in the workplace.

Health and Safety Regulations