2nd Circuit: Title VII Covers Sexual Orientation – 5th Circuit and Most Circuits Still Say It Does Not
Last month the U.S. Court of Appeals for the 2nd Circuit in New York ruled that Title VII of the Civil Rights Act of 1964 — the federal law that bans sex discrimination — also applies to claims of discrimination on the basis of sexual orientation. Title VII of the Civil Rights Act of 1964 […]
Are Employers Required to Offer Vacation Leave?
As the summer season gets underway, many employees will be planning to take vacations … and some employers may have questions about their responsibilities concerning vacation leave. Under Texas law, employers are not required to offer employees vacation benefits, either paid or unpaid. Vacation leave is considered a benefit that the employer may choose to offer […]
How the Uniformed Services Employment and Reemployment Rights Act (USERRA) Protects Service Members
Enacted in 1994, the Uniformed Services Employment and Reemployment Rights Act (USERRA) establishes rights and responsibilities for uniformed members of the armed forces and their civilian employers. USERRA requires that, upon returning from duty, Service members must be promptly re-employed in the same position that they would have attained had they not been absent, with the same […]
Hiring Summer Interns: What Texas Employers Need to Know
With the end of the school year just weeks away, this is the perfect time to think about hiring your summer interns. Intern programs can be beneficial for both the intern and the employer, and it’s important to be aware of your legal responsibilities. Intern or Employee? The Fair Labor Standards Act (FLSA) requires for-profit […]
New Appointments Add to Peckham Martin Lawyers’ Service to Houston Bar and State Bar of Texas
We are pleased to announce that the Houston Bar Association has selected Charles H. Peckham to serve on two of its committees. The Houston Bar Association is a nonprofit professional body for attorneys with almost 11,500 members, providing education, professional development, and service programs for the legal profession and the population. The Association was recently […]
Policies for Inclement Weather: What Employers Need to Know
As we enter the summer, we enter hurricane season in Texas. While employers have a duty to keep their businesses running, they must also balance the safety of their employees. This is especially true when the weather creates potentially hazardous travel conditions. Your Severe Weather Policy To prepare for these situations, it’s essential to have an inclement […]
DOL’s New Paid Program Helps Employers Correct Inadvertent FLSA Violations
For employers who discover inadvertent overtime and minimum wage violations under the Fair Labor Standards Act (FLSA), the Wage and Hour Division (WHD) of the U.S. Department of Labor has a new pilot program to expedite resolution without litigation. The stated purpose of the new Payroll Audit Independent Determination (PAID) program is “to resolve such claims expeditiously […]
Employee Separations: What Texas Employers Need to Know
When an employee separates from an organization, it can be a challenging time for both parties. Even if the separation is amicable, managers should take steps aimed at preventing possible disputes over unemployment claims or even lawsuits. Here are a few points for Texas employers to keep in mind when dealing with employee separations, whether […]
SHRM Survey: Sexual Harassment in the Workplace Is Under-Reported
Most incidents of sexual harassment in the workplace still go unreported, according to a 2018 survey by the Society for Human Resources Research (SHRM). Among the HR professionals surveyed, 36 percent reported at least one allegation of sexual harassment occurring in their organizations within the past year. Of those, more than one-third (36 percent) reported an […]
Noncompete Agreements in Texas: What Employers Need to Know
Noncompete clauses and agreements appear frequently in employment and other types of business contracts. In the employment scenario, a noncompete requires the employee to agree that upon termination or resignation, he or she will not enter into or start a business similar enough to the employer to be considered a competitor. Such agreements are aimed […]