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Earlier this month, the U.S. Department of Labor issued an opinion letter concluding that, under certain circumstances, an employee may use leave under the Family and Medical Leave Act (FMLA) to treat a serious health condition when treatment is provided as part of a clinical trial.

Let’s explore why. Continue reading

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In the wake of election results earlier this month that will result in a Republican president and a Republican-controlled Congress in 2025, it’s reasonable to expect some changes in employment law. Continue reading

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Wikipedia says that déjà vu is the phenomenon of feeling as though one has lived through the present situation before. Last Friday, a Texas federal judge vacated a U.S. Department of Labor 2024 Rule that raised the minimum salary level to be exempt from the Fair Labor Standards Act overtime rules on July 1, 2024 (and would have done so again on January 1, 2025).

If this sounds familiar, it should. In 2016, a Texas federal judge did the same thingContinue reading

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Employers don’t have crystal balls.

Last week, the Third Circuit Court of Appeals reaffirmed the well-settled rule that when one coworker accuses another of creating a hostile work environment, that claim will fail ten times out of ten unless the employer knew or should have known about the harassment but failed to take prompt and adequate remedial action. It’s otherwise known as respondeat superior liability.

Continue reading

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As a thank you to the many readers who provided me with stellar Dallas-area BBQ recommendations, like the one featured above from Hutchins BBQ in McKinney, I’m sharing a tool that the U.S. Department of Labor recently announced to provide workers with disabilities and employers ideas for workplace accommodations. Continue reading

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After Tuesday, we have a newly elected Republican president, a Senate soon under Republican control, and a House of Representatives that could still hold a Republican majority. With those changes could come some corresponding shifts in employment law. Continue reading

“Doing What’s Right – Not Just What’s Legal”
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