The purpose of the performance improvement plan or “PIP” is to give an employee the opportunity to make certain changes in their work performance so as to merit ongoing employment. Put another way satisfy the PIP and you keep your job. Of course, there are all sorts of statements in the PIP (or there should
Proof that Employment Laws are Still Necessary in Texas
Caught this story here in Dallas where a now defunct medical lab had “gropening day” every other Friday. Here is a link to the story. Basically employees were free to grope one another every other Friday – no joke. It’s hard to believe something like this occurs in 2017. Unfortunately it does. A former
2017 Arbitration Thoughts
Over the years we’ve been building a list to consider when putting together an arbitration provision.
- A requirement that the case be disposed of within a certain time period. (i.e. 6 months from filing);
- A limitation on the number of witnesses that can be called, the amount of time each side has to put on
The Non-Compete Buyout
One option we’ve never spent much time discussing here as it relates to non-competes is the buyout option – on both sides. Buying out a non-compete is neither new nor novel. Physician non-competes in Texas require that the non-compete provision include a buyout option. The statute provides:
the covenant must provide for a buy
How to Handle a Firing
From an employer’s perspective the firing of an employee is hopefully the culmination of a deliberative process and compliance with the company’s policies and procedures. It is the ultimate adverse employment action and everything that is said and done may be put under the microscope by an employee’s lawyer, EEOC, or Texas Commission on
EEOC’s 2016 Stats in Texas
As a lawyer who frequently deals with EEOC charges/responses the EEOC’s yearly statistics always provide some interesting information on what folks are filing claims over these days. Here is a link to a state by state breakdown of claims in 2016. So what were some key Texas numbers? Here are a few:
- 9,308 Total
Nothing Like A Hair Stylist Non-Compete Case
The details are slim from a recent article from the New York Post about a $3 million dollar non-compete/breach of contract case against a New York City hair stylist. What we know:
- Stylist Annie Rush worked at the salon for 6 years;
- Apparently she is alleged to have signed a 1 year non-compete (that is
End of Year Employment Checklist
As we creep up on the end of the year employers should be considering/doing a number of things:
- Is the company employee manual up to date – any changes necessary? – The end of the year is always a good time to review those policies and procedures and see how they worked in 2016. Often
Delay on overtime rules?
A few months ago the new overtime rules came out and were supposed to go into effect on December 1, 2016. Here is our discussion of the rules. Since that time there were a number of lawsuits filed by states attorney generals (including Texas) to challenge/delay the rules. The House of Representatives then passed a
New Overtime Rules
Thee new “Whit Collar Rule” for exempt/non-exempt from the Department of Labor kicks in on December 1, 2016. In short, employers will no longer be able to treat “white collar” employees that make more than $47,476 per year as exempt and will pay overtime once they work over 4o hours a week. The DOL suggests