Department of Labor’s Guidance on Independent Contractors Raises Concerns

Posted on Jul 24, 2015

There has recently been more and more litigation involving the misclassification of workers as independent contractors rather than employees. Also, the Department of Labor (“DOL”) has been focused on reducing the occasions when workers may properly be classified as independent contractors rather than employees. As explained by the DOL, by misclassifying workers as independent contractors […]

Supreme Court’s Decision on Same-Sex Marriage – Obergefell v. Hodges and its Impact on Employers

Posted on Jul 7, 2015

On June 26, 2015, the United States Supreme Court issued a significant decision in Obergefell v. Hodges, holding that “same-sex couples may exercise the fundamental right to marry in all States,” and requiring states to recognize same-sex marriages performed in other states. Prior to this decision, fourteen states (including Texas) banned same-sex marriages. It is […]

Branscomb | PC Adds Three New Attorneys – Joe M. Davis, Mike G. Payne & Susana E. Canseco

Posted on Jun 9, 2015

Joe Davis joined our Litigation Group. A seasoned trial lawyer, Joe is certified in Civil Trial Law by the Texas Board of Legal Specialization and has extensive courtroom experience. In November, Joe and his team secured a jury verdict of $10 million for his client, one of the top ten verdicts in Texas for 2014. […]

The Consequences of “Self-Dealing” for the Executive Right Holder

Posted on Jun 4, 2015

Previously, we have discussed the holding in Lesley, et al. v. Veterans Land Board of the State of Texas, et al. and its implications for executive right holders. Recently, the Texas Supreme Court revisited the duties of an executive right holder in KCM Financial LLC, et al. v. Bradshaw. “Executive rights” are one of the […]

Federal Court Blocks New Definition of “Spouse” Under the FMLA

Posted on Apr 14, 2015

A Texas federal court blocked changes to the Family and Medical Leave Act (“FMLA”) that require employers to include partners of same-sex marriages in the definition of “spouse” for benefits purposes. The FMLA change would have taken effect today, but the ruling stays any enforcement in states that do not recognize same-sex marriage, including Texas. […]

Supreme Court’s Decision – Requires Employers to Review and Update Policies

Posted on Mar 26, 2015

On March 25, 2015, in the case of Young v United Parcel Svc., Inc., ___ U.S.___ (2015), the United States Supreme Court expanded the Pregnancy Discrimination Act (“PDA”)[1] to require employers to accommodate employees with work restrictions due to pregnancy. Young worked for UPS in a position that required heavy lifting. After she became pregnant, […]

QUARTERLY E-NEWSLETTER

Posted on Mar 17, 2015

Thank You to Labor & Employment Lawyers, Keith Sieczkowski, Sandra White, Allison E. Moore & Heather Lucas for hosting the February 26, 2015 Law Seminar. SPEAKING EVENTS: Keith Sieczkowski is speaking March 19, 2015 at the Professional Development Meeting in Corpus Christi, Texas. Grady Jolley is speaking March 27, 2015 at the 26th Annual Advanced […]

The Five Most Common Mistakes Employers Make When Laying Off Employees

Posted on Feb 17, 2015

Tough economic times often force companies to implement cost cutting measures to help maintain profitability or reduce losses. Unfortunately, layoffs are often viewed as effective cost saving measures to help businesses remain profitable and solvent. Mistakes in the layoff process can result in costly and complex litigation under a variety of state and federal employment […]

Allison E. Moore & Keith Sieczkowski Speak At Employment Law Seminar

Posted on Feb 17, 2015

Allison E. Moore and Keith Sieczkowski will speak at the Employment Law Seminar Sponsored by San Antonio Manufacturer’s Association (SAMA) and San Antonio Human Resources Management Association (SAHRMA). The event will take place Thursday, February 19, 2015 from 8:00 am to 4:30 pm. Allison and Keith will speak at 2:00 pm covering the 9 Missteps […]

What Employers Can Expect In 2015

Posted on Feb 12, 2015

Labor & Employment Lawyers Keith Sieczkowski, Sandra White, Allison E. Moore and Heather Lucas will host an event to discuss what employers can expect in 2015. Topics of discussion will include heightened scrutiny and increased activity by government agencies, increased use of bring your own device policies, seismic shift in generational workforce dynamics, and increased […]