On August 20, 2024, Federal Judge Ada Brown blocked the Federal Trade Commission’s rule barring non-competition agreements.  Judge Brown ruled that the FTC’s promulgation of the rule was an unlawful agency action because the FTC exceeded its statutory authority.  Simply … Continue reading →

Today I want to tell you a story that explains why meaningful harassment training helps employers avoid the courthouse.  A client has a small operation in California, where the state mandates sexual harassment training.  I conducted the training with the … Continue reading →

A few years ago, I won a bench trial when I convinced a judge that my client owed a former employee a $43,000 bonus and not the hundreds of thousands the plaintiff claimed.   That’s right. The win was still a … Continue reading →

Driving back from a (thankfully) successful arbitration in Dallas and rushing home before a certain Hurricane Harvey, I received a phone call from a potential new client. He explained his situation. As he walked down the hallway on his way out … Continue reading →

The Harvard Business Review picked its twelve favorite articles to republish and highlight through 2022 to celebrate its 100-year anniversary. The December reprint of “The Feedback Fallacy” by Marcus Buckingham and Ashley Goodall captured my attention.  It challenges conventional thought … Continue reading →

Calling your lawyer should not be a scary event. Reaching out to your lawyer before the bad stuff occurs is like knowing someone is around the corner ready to jump out and say, “Boo”.  You know it’s going to happen, … Continue reading →

April Fool’s Day took on a new and special meaning for me because it is my workplace anniversary at WKPZ.  Margo and I joined the firm twelve years ago.  Sort of ironic that I get to celebrate something special on … Continue reading →

In the 28 years of practicing employment law, I have never recommended an employer demote an employee as a form of corrective action.  I have many times said what I’m telling you now: never demote.  While demotion may be an … Continue reading →

A business positions itself best to avoid employee-related claims by hiring strong managers. Good supervisors are the key to helping employers avoid the courthouse. And, when the suits happen, as they do, the winning cases have a common feature: a … Continue reading →

On nearly a daily basis, we all see articles about employees protesting a return to work and demanding to work from home or some hybrid arrangement.  Battle lines have formed over the issue.   I am not surprised, but I have … Continue reading →