Over the years we’ve been building a list to consider when putting together an arbitration provision.
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
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
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:
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:
As we creep up on the end of the year employers should be considering/doing a number of things:
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
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
We’ve talked here multiple times about the EEOC charge process and how a employers should handle the process. Employers have to keep their eye on the ultimate goal – an EEOC Form 161 Right to Sue letter. Of course the EEOC will ask the employer for a position statement and certain documents, but what
Filing a charge of discrimination with the EEOC is not difficult for a motivated former employee. A lawyer is not necessary and there is enough instruction from the EEOC and the world wide web to give someone pretty detailed guidance on what to do. Once the complaint is filed the EEOC (or similar state