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Health and Safety: Preventing Toxic Mold in the Workplace

One of the fastest-growing concerns for employers is toxic mold in the workplace. According to the federal Occupational Safety and Health Administration (OSHA), toxic mold can affect indoor air quality and cause serious health conditions. These problems are fueling an increase in litigation over the presence of mold, and big-money settlements and judgments in the […]

Determining FMLA Eligibility: Impact of Supreme Court’s 2015 Same-Sex Marriage Decision

In the case of Family and Medical Leave Act (FMLA) leave to care for a family member, once the employer has determined whether an individual employee is eligible for FMLA leave, many times the next hurdle is determining if the family member is covered by the FMLA. This determination has become somewhat more complicated as […]

Editor of Texas Employment Law Letter Reflects on Letterman Saga

In the wake of the recent scandal involving late-night host David Letterman, Mike Maslanka, editor of Texas Employment Law Letter, provides advice on how to deal with the relationship dynamics between the top brass and their subordinates in his latest podcast. A top boss must never become romantically involved with a subordinate, says Maslanka. In […]

The Autonomy Mandate: HR’s Playbook for the “Entrepreneurial” Workforce

In 2026, the traditional corporate ladder is being replaced by a desire for “ILWE”—Income, Lifestyle, Wealth, and Equity. Marissa Frois, CEO of The Entrepreneur’s Source, revealed this startling data during our recent webinar, “Why Isn’t This Working? The Great Career Pivot: Why Your Top Talent is Dreaming of Being Their Own Boss.” Frois also revealed […]

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What Job Types Are Likely to Be Safer from Automation?

The prospect of greater automation in a variety of industries understandably has many workers worried about their long-term employment prospects. What is the likelihood of a given employee’s job being rendered obsolete by advancing technology? Even if the role doesn’t disappear entirely, the need for human labor could be drastically reduced.

Employee’s own testimony sinks her case

By Richard L. Rainey We often tell clients that not all lawsuits are filed because an employee has evidence of discrimination or believes she was discriminated against. Rather, sometimes they’re filed because the employee thinks she was treated unfairly. That concept is illustrated in a recent case out of Durham. Background Iretha Lawrence, an African […]

Managing The Workplace: Court Clarifies When You’re Protected From Being Personally Sued For Termination Decisions

If an employee is “at-will,” it usually means you can discharge the person at any time for any lawful, non-discriminatory reason. But what if a manager is motivated by improper, though not illegal, personal concerns when recommending an employee be fired? In a new decision, the California Court of Appeal has ruled that as long […]

Resuscitate COBRA Premium Subsidies to Help Unemployed, Commonwealth Fund Says

In the waning days of the COBRA premium subsidy, The Commonwealth Fund is calling for the program to be resuscitated as a way to help unemployed and uninsured workers until health care reform is fully implemented. In an Aug. 24 issue brief,  the Fund noted that “the worst economic downturn since the Great Depression has […]

Do Shareholder Rights Matter to Obama?

I was amazed when I first learned that the Obama administration had requested the resignation of GM CEO Rick Wagoner. After thinking about it for a few minutes, I became dismayed. Did Rick Wagoner deserve to lose his job? I don’t know. But I do know that it is not the role of government to […]

Employee Exemptions: Appeals Court Limits the Administrative Exemption

The federal Fair Labor Standards Act (FLSA) and California law exempt certain administrative employees from overtime; the requirements for the administrative exemption under California law are stricter than the FLSA. To qualify for this exemption in California, an employee must: 1) earn a salary equal to at least twice the state minimum wage; 2) perform […]