Labor & Employment Blog Posts From July 2019

• Blog: Pre-Employment Credit Checks: When Can They Be Used?
  Date: July 31, 2019 Title: Pre-Employment Credit Checks: When Can They Be Used?
  Summary: Many reading this will have heard of “ban the box” laws, which prohibit employers from asking applicants about criminal histories, but what about laws regarding pre-employment credit checks and credit reports?...
• Blog: San Antonio’s Paid Sick Leave Delayed - Is Relief on the Way for Dallas Employers?
  Date: July 25, 2019 Title: San Antonio’s Paid Sick Leave Delayed - Is Relief on the Way for Dallas Employers?
  Summary: Although Texas employment laws generally remain employer-friendly, Texas employers have not been immune to the expansion of paid sick leave ordinances on the local level. The cities of Austin, San Antonio, and Dallas all recently enacted similar ordinances requiring employers to provide eligible employees with one hour of paid sick leave for every 30 hours worked up to certain caps based on employer size. ...
• Blog: Managing Peace in the Workplace Amidst Politically Charged Times
  Date: July 22, 2019 Title: Managing Peace in the Workplace Amidst Politically Charged Times
  Summary: It is no secret that over the past few years, political tensions have been lingering in the U.S. Employers have asked if it is legal for them to express their political beliefs at their place of business, through posters, pamphlets, and conversation. My answer: depending on where you are located, it may be legal. My advice: if you want to avoid workplace conflict, save money, and avoid liability, then avoid displays of political propaganda in the workplace....
• Blog: AI & HR: The Risks of Using Artificial Intelligence in the Hiring Process
  Date: July 17, 2019 Title: AI & HR: The Risks of Using Artificial Intelligence in the Hiring Process
  Summary: Artificial intelligence (AI), robotics, and other emergent technologies stand to profoundly impact employers and, indeed, society itself. According to some estimates, by 2025, half of all U.S. jobs will either be automated or augmented by AI, or will have initiated steps to move in that direction. As AI becomes infused in workplaces, there is the potential for AI to re-define what “work” means. Since the “work” each of us performs helps inform the social order, AI may well be poised to transform society. ...
• Blog: The Ten Commandments of Firing: Part 3, Commandments VII - X
  Date: July 12, 2019 Title: The Ten Commandments of Firing: Part 3, Commandments VII - X
  Summary: This is the final installment in my three-part series on the Ten Commandments of Firing. Before reading this post, I suggest you read Part 1, covering Commandments I – III, and Part 2, covering IV – VI....
• Blog: The Ten Commandments of Firing: Part 2, Commandments IV - VI
  Date: July 10, 2019 Title: The Ten Commandments of Firing: Part 2, Commandments IV - VI
  Summary: In our last post, we rolled out the first three of my “Ten Commandments of Firing.” In this blog, we will cover Commandments IV through VI: don't have a hidden agenda, don't be a jerk, and don't nitpick....
• Blog: The Ten Commandments of Firing: Part 1, Commandments I - III
  Date: July 08, 2019 Title: The Ten Commandments of Firing: Part 1, Commandments I - III
  Summary: I love to talk about firing people. Defending employment cases for over 40 years has exposed me to considerable experience concerning terminations. While many courts in many states recognize that the implied covenant of good faith and fair dealing does not exist as a matter of law in the employment context, it sure as heck exists in the mind of jurors. ...
• Blog: What You Need to Know About the DOL’s Proposed Changes to the FLSA Exemption Test
  Date: July 02, 2019 Title: What You Need to Know About the DOL’s Proposed Changes to the FLSA Exemption Test
  Summary: On March 7, 2019, the U.S. Department of Labor announced a new rule that will make millions of workers eligible for overtime under the Fair Labor Standards Act (FLSA). This is not a final rule yet, although it is expected to go into effect in late 2019 or early 2020....