We previously wrote about the procuring-cause doctrine here. As a refresher, the procuring-cause doctrine provides that a salesperson or other agent who contracts for a commission becomes entitled to payment of the commission...more
Seyfarth Synopsis: Confronted with pleadings that unequivocally showcases the Dallas County Sheriff’s Department’s discriminatory scheduling policies, the Fifth Circuit finds that the strict application of its precedent...more
Seyfarth Synopsis: In Braidwood Management, Inc. v. Equal Employment Opportunity Commission, the Fifth Circuit endorsed for-profit employers integrating their religious beliefs into their employment policies to apply the...more
Seyfarth Synopsis: Natural hairstyles have become increasingly popular among Black Americans of both sexes. Despite their popularity, these hairstyles have been overregulated frequently in the workplace. To address this...more
6/20/2023
/ Dress Codes ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Hairstyle Discrimination ,
Human Rights ,
Labor Reform ,
Labor Regulations ,
New Legislation ,
Race Discrimination ,
State Labor Laws ,
Texas
Seyfarth Synopsis: The Fifth Circuit dismissed a plaintiff’s harassment claims because the employer took prompt action to stop the harassment and prevent it from continuing. This case highlights the importance for employers...more
Seyfarth Synopsis: The Dallas County Sheriff’s Department gives its detention officers two days off per week. Prior to April 2019, the schedules were based on seniority, with most officers preferring to take their two days...more
Seyfarth Synopsis: On March 30, 2020, just two days before Dallas’ paid sick leave ordinance was scheduled to begin full enforcement, a federal court in Texas granted a preliminary injunction prohibiting enforcement of the...more
3/31/2020
/ Accrual Requirements ,
Dallas ,
Earned Sick Time ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Local Ordinance ,
Paid Leave ,
Paid Time Off (PTO) ,
Parental Leave ,
Safe Leave ,
Sick Leave ,
State and Local Government ,
Wage and Hour
Seyfarth Synopsis: Last April, the Dallas City Council passed an ordinance requiring employers to provide employees who work within the City of Dallas with 48 or 64 hours of paid sick leave per year, depending on size. ...more
3/25/2020
/ Accrual Requirements ,
Dallas ,
Earned Sick Time ,
Employer Liability Issues ,
Enforcement Actions ,
Fair Labor Standards Act (FLSA) ,
Local Ordinance ,
Paid Leave ,
Paid Time Off (PTO) ,
Parental Leave ,
Safe Leave ,
Sick Leave ,
State and Local Government ,
Wage and Hour
Seyfarth Synopsis: Vaccinations have been widely debated over the past few years, leaving employers unclear about their obligations to accommodate employees whose religious beliefs conflict with them. Recently the U.S. Court...more
1/31/2020
/ Adverse Employment Action ,
Appeals ,
Civil Rights Act ,
Corporate Counsel ,
Employee Transfers ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
First Amendment ,
Free Exercise Clause ,
Hiring & Firing ,
Municipalities ,
Public Health ,
Reasonable Accommodation ,
Religious Discrimination ,
Religious Exemption ,
Retaliation ,
Title VII ,
Vaccinations ,
Wrongful Termination
Seyfarth Synopsis: In affirming summary judgment in favor of the defendant in an Family and Medical Leave Act (FMLA) interference and retaliation case, the Fifth Circuit reinforced the importance of documenting performance...more
8/20/2019
/ Corporate Counsel ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Interference Claims ,
Medical Leave ,
Performance Reviews ,
Retaliation ,
Summary Judgment
Seyfarth Synopsis: Employers in Austin, Dallas, and San Antonio expected the Texas Legislature to overturn their cities’ recent foray into city-specific paid sick leave laws. However, the Texas Legislature recently...more
Seyfarth Synopsis: In a recent decision, the Eleventh Circuit Court of Appeals held that the use of the N-Word in the workplace one time is sufficient to trigger a hostile work environment....more
10/19/2018
/ #MeToo ,
Appeals ,
Employee Training ,
Employer Liability Issues ,
Employment Litigation ,
Harassment ,
Health Care Providers ,
Home Health Care ,
Hostile Environment ,
Internal Investigations ,
Internal Reporting ,
Offensive Language ,
Summary Judgment
Seyfarth Synopsis: In a recent decision, the U.S. Court of Appeals for the Sixth Circuit ruled that former employees need not return severance pay before filing a lawsuit against an employer, when the employee alleges the...more
10/2/2018
/ Civil Rights Act ,
Corporate Counsel ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
Equal Pay Act ,
Former Employee ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Labor Law Violations ,
Pregnancy Discrimination ,
Severance Agreements ,
Severance Pay ,
Title VII
Seyfarth Synopsis: The Fourth Circuit has issued a reminder of the boundaries of employer liability for defamation where there is no nexus between the employee’s offensive speech and the individual’s workplace...more
In recent years, a body of law has developed surrounding pattern or practice lawsuits brought by the EEOC. This has helped to clarify, for example, when the 300-day filing cutoff applies, or whether the claimant is eligible...more
7/20/2018
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Class Action ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Motion to Dismiss ,
Popular ,
Section 706 ,
Time-Barred Claims ,
Title VII
Seyfarth Synopsis: In recent months, sexual harassment has seized national headlines and raised significant questions about company policies, procedures, and culture. ...more