Recent News
Oldham Law
NLRB Addresses Whether a Non-Union Employee’s Social Media Post Are Protected
In a recent case, the National Labor Relations Board (“NLRB”) referred a Charge regarding an employee’s social media post to the Division of Advice (you may read the decision here). The Division of Advice provides guidance to the NLRB’s Regional Offices regarding...
Opposition Clause of Title VII Expanded to Include Regular Job Duties as Protected Activity
Most people know that “retaliation” is illegal under Title VII and similar laws, but not everyone understands some of the finer points of what “retaliation” really means. Generally, according to the EEOC, a retaliation claim has three elements: (1) protected...
Texas Supreme Court Weighs in on the Texas Uniform Electronic Transactions Act
As everyone knows, contracts are increasingly signed electronically, with an online click for every kind of transaction imaginable—from simple, everyday retail purchases to extraordinarily complex matters. In Texas, the question of whether an...
Texas Legislative Update for Employers
The 87th Texas Legislative Session wrapped up on May 31, 2021, and unless a special session is called, the next session will not begin until January 10, 2023. While there were several interesting and important bills that were passed or failed in the final minutes of...
When Conversations Turn Wrong(ful)
Employees being able to discuss possible discriminatory events in the workplace is essential in order to attain a positive, efficient workplace environment. Compliance officers and HR specialists are put in place to help mitigate potential issues that employees may...
Fifth Circuit Court of Appeals Provides Guidance on Reasonable Accommodations
Brett Horvath was employed as a driver/pump operator by the City of Leander Fire Department (Leander is a city north of Austin, Texas). In 2016, the Fire Department began requiring TDAP vaccinations (TDAP is a combination vaccine that protects against three bacterial...
Stray Remarks Not Enough to Shift Burden Fifth Circuit Says
Stray remarks, while “offensive,” did not show that Texas Children’s Hospital fired an employee based on race, the 5th U.S. Circuit Court of Appeals has ruled (Eaglin v. Texas Children’s Hospital, No. 19-20222 (5th Cir. Feb. 4, 2020)). Plaintiffs Annette Williams and...
Federal Court Rules Government Must Have Reasonable Suspicion Before Searching Electronic Devices at the U.S. Border
On November 12, 2019, a federal court in Boston ruled that searches of international traveler’s electronic devices by Immigration and Customers Enforcement (“ICE”) and Customs and Border Protection (“CBP”), at airports and other U.S. portions, performed without...
What Is the Texas Privacy Protection Act?
Texas has recently joined the list of states providing its citizens a bit more protection when it comes to their personal information. On June 14, 2019, the Texas legislature passed the Texas Privacy Protection Act (the “Act”), the text of which may read here....