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Asking Again-Do You Really Want to Keep Paying Commissions to the Salesperson You Fired? (Update)

We previously wrote about the procuring-cause doctrine here. As a refresher, the procuring-cause doctrine provides that a salesperson or other agent who contracts for a commission becomes entitled to payment of the commission...more

The Fifth Circuit Has Broadened Its Definition of What Constitutes An “Adverse Employment Action” For Purposes of a Discrimination...

Seyfarth Synopsis: Confronted with pleadings that unequivocally showcases the Dallas County Sheriff’s Department’s discriminatory scheduling policies, the Fifth Circuit finds that the strict application of its precedent...more

Texas Takes the Lead in Addressing Workplace Violence in Healthcare Facilities

Seyfarth Synopsis: Workplace violence costs employers billions of dollars per year. More importantly, these incidents can cause immense physical and psychological harms to employees. The consequences of these harms impact...more

The Fifth Circuit Recognizes a “Super Statute” for Religious For-Profit Employers

Seyfarth Synopsis: In Braidwood Management, Inc. v. Equal Employment Opportunity Commission, the Fifth Circuit endorsed for-profit employers integrating their religious beliefs into their employment policies to apply the...more

Texas Joins Growing Number of States to Ban Natural Hair Discrimination

Seyfarth Synopsis: Natural hairstyles have become increasingly popular among Black Americans of both sexes. Despite their popularity, these hairstyles have been overregulated frequently in the workplace. To address this...more

Hospital’s Most-Qualified Applicant Policy Hangs in the Balance in Wake of EEOC Appeal of ADA Mandatory Reassignment Claim, Fifth...

Adriana Cook worked as a patient care technician (PCT) at Methodist Hospital in Dallas. In 2012, Cook injured her back on the job while turning a patient. Following her injury, Cook was unable to return to her PCT position...more

Prompt Remedial Action Saves the Day for This Employer

Seyfarth Synopsis: The Fifth Circuit dismissed a plaintiff’s harassment claims because the employer took prompt action to stop the harassment and prevent it from continuing.  This case highlights the importance for employers...more

The Fifth Circuit May Broaden Its Definition of What Constitutes An “Adverse Employment Action” For Purposes of a Discrimination...

Seyfarth Synopsis: The Dallas County Sheriff’s Department gives its detention officers two days off per week. Prior to April 2019, the schedules were based on seniority, with most officers preferring to take their two days...more

Does A Railroad (Or Potentially Any) Company Have To Turn Over Material Contained In Its Risk Management System In Discovery? The...

Seyfarth Synopsis: Railroad companies spend millions of dollars and thousands of hours developing their risk management systems. When a plaintiff aims to discover risk management data, companies understandably balk at the...more

Do You Really Want to Keep Paying Commissions to the Salesperson You Fired?

Seyfarth Synopsis: Baylor Miraca Genetics Laboratories, LLC (“BMGL”) is in the genetic test business. BMGL sells its tests to its “channel partners,” who in return test specimens ordered by physicians. Brandon Perthuis became...more

Worth the Wait – Texas Supreme Court Tells The Trial Judge To Compel Arbitration Nine Years After the Lawsuit was Filed

Seyfarth Synopsis: In 2013, Yvonne Cardwell, a dishwasher at a Whataburger in El Paso, Texas, was injured when a heavy object fell off of a top shelf and hit her in the head. Whataburger moved to compel the lawsuit she filed...more

Seriously? The Second Circuit Makes Life More Difficult For Employers Who Use Electronic Signatures For Agreements With Their...

Seyfarth Synopsis: Even before the pandemic made in-person work in many industries a thing of the past many employers had stopped requiring that their employees execute employee agreements like non-competition and arbitration...more

Fresh Off Victory Employer Fresh Products Prevails at the Sixth Circuit

Seyfarth Synopsis: the Sixth Circuit recently sided with employer Fresh Products, LLC and its HR Manager, Dawn Shaferly, in an age, race, and disability discrimination lawsuit. In doing so, the Court helpfully clarified when...more

Fourth Circuit Speaks: To Be “Qualified” Under the ADA, Disabled Employee Must Comply with Valid Safety Requirements

Seyfarth Synopsis: Often an employer’s valid safety requirements for a position can be at odds with a disabled employee’s request for a reasonable accommodation. A recent decision from the Fourth Circuit Court of Appeals...more

If Pain, Yes Gain — Part 85: Supreme Court of Texas Remains Silent on Austin Paid Sick Leave Ordinance Temporary Injunction

Seyfarth Synopsis: Last Friday, the Supreme Court of Texas issued a one-line decision, without explanation, denying the City of Austin’s petition for review of an appellate decision temporarily enjoining the Austin paid sick...more

Too Little, Too Late: The First Circuit Finds For Employers in an Accommodation Request Made After The Termination Decision

Seyfarth Synopsis: The First Circuit recently sided with an employer in a disability discrimination suit in Trahan v. Wayfair Maine, Inc., Civil Action 19-1961....more

If Pain, Yes Gain — Part 82: Dallas’ Paid Sick Leave Ordinance Temporarily Blocked by Federal Court

Seyfarth Synopsis:  On March 30, 2020, just two days before Dallas’ paid sick leave ordinance was scheduled to begin full enforcement, a federal court in Texas granted a preliminary injunction prohibiting enforcement of the...more

If Pain, Yes Gain — Part 81: Dallas Employers Get Ready–Full Paid Sick Leave Enforcement Begins April 1!!

Seyfarth Synopsis:  Last April, the Dallas City Council passed an ordinance requiring employers to provide employees who work within the City of Dallas with 48 or 64 hours of paid sick leave per year, depending on size. ...more

Whew! Fifth Circuit Reinforces Importance of Documenting Performance Issues

Seyfarth Synopsis: In affirming summary judgment in favor of the defendant in an Family and Medical Leave Act (FMLA) interference and retaliation case, the Fifth Circuit reinforced the importance of documenting performance...more

Paid Sick Leave in Texas Survives the Texas Legislature

Seyfarth Synopsis: Employers in Austin, Dallas, and San Antonio expected the Texas Legislature to overturn their cities’ recent foray into city-specific paid sick leave laws. However, the Texas Legislature recently...more

Driving Blindfolded: EEOC Withdraws Guidance On Wellness Programs

Seyfarth Synopsis: Effective January 1, 2019, the EEOC withdrew its prior guidance on the level of incentives employers may offer their employees to convince those workers to participate in employer-sponsored wellness...more

Once Is Enough: Eleventh Circuit Allows Racial Harassment Claim Against Health Care Provider to Proceed—and Takeaways For...

Seyfarth Synopsis: In a recent decision, the Eleventh Circuit Court of Appeals held that the use of the N-Word in the workplace one time is sufficient to trigger a hostile work environment....more

Having Your Cake And Eating It Too: Sixth Circuit Rules That Employees Need Not Return Severance Pay Before Suing

Seyfarth Synopsis: In a recent decision, the U.S. Court of Appeals for the Sixth Circuit ruled that former employees need not return severance pay before filing a lawsuit against an employer, when the employee alleges the...more

The Fourth Circuit Reiterates that Employers’ Exposure to Vicarious Liability is Not Boundless

Seyfarth Synopsis: The Fourth Circuit has issued a reminder of the boundaries of employer liability for defamation where there is no nexus between the employee’s offensive speech and the individual’s workplace...more

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