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employment law Archives

Practice Questions & Answers Learned From Franchise Trial: Pizza Inn v. Adeniregun

  1. What is the danger of email or text communications?

Answer: Many people approach email and texting informally, and do not review their content critically, or run it by counsel, before hitting the send button. This can lead to statements that can be viewed as damaging if a dispute arises between the parties.

What You Need to Know About the FLSA

The Fair Labor Standards Act (FLSA) was enacted in 1938 to provide for the establishment of fair labor standards in employment in and affecting interstate commerce. Important things to know about the FLSA is that it generally requires employees be paid a minimum wage of $7.25/hour, and overtime at the rate of 1 1/2 times the hourly pay rate for all hours exceeding 40 hours a week.

Cybercrime Under The CFAA: It Depends on the Jurisdiction

In a decision filed on April 10, 2012, the Ninth Circuit in United States of America v. Nosal, No. 10-10038 (9th Cir. 2012), put itself squarely in conflict with the Fifth, Eleventh and Seventh Circuits by holding that the district court properly dismissed a portion of the government's indictment against David Nosal charging him with a violation of the Computer Fraud and Abuse Act ("CFAA"), 18 U.S.C. ยง 1030(a)(4) by knowingly and with intent to defraud accessing or exceeding access of a computer in contravention of a written company policy in order to obtain confidential company information to start a competing business.

Case Dismissed!

Our client recently hired a sales manager who used to work for a competitor. The competitor immediately sued, claiming that our client had misappropriated a number of trade secrets when it hired the new employee. Here's how we got the case dismissed.

Avoid this mistake when communicating with the Equal Employment Opportunity Commission or Texas Workforce Commission Civil Rights Division.

Your company just received a Notice of Charge of Discrimination from the Equal Employment Opportunity Commission ("EEOC") or Texas Workforce Commission Civil Rights Division ("TWC"). The agency will ask for a position statement from the employer, which it will consider during its investigation. The next round of communications will be very important, especially if the employee decides to file suit after the investigation.

Retaliation - Does timing matter?

No employment relationship lasts forever, and sometimes even productive employees are let go for legitimate business reasons. If the employee has complained of discrimination in the past, however, the company runs the risk of a claim that it retaliated against the employee for an earlier complaint. How long should a company wait to terminate a complaining employee for legitimate business reasons?

Four tips to evaluating (and hopefully dismissing) sexual harassment claims.

Sexual harassment cases can be difficult. In addition to the stress and emotional costs to everyone involved, the financial risk to the company can be incredibly high. Here are some things we look at to determine the chance of getting the case dismissed before trial.

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