03/08/2012 - The Houston Lawyer Guest Article: What Texas Employers Need to Know About Mexican Labor and Employment Law
Before entering an unknown business market, employers must be apprised of the labor and employment laws governing the employer-employee relationship in that jurisdiction.

11/29/2011 - Employee Benefit Plan Review Guest Article: Noncompete Agreements in the Employment Context
Here we go again! For the third time in less than six years, the Texas Supreme Court has repudiated technical legal niceties and has adopted broad proemployer principles to support the enforcement of noncompetition agreements in Texas.

08/15/2011 - Emerging from the Marsh: The Texas Supreme Court Clarifies and Solidifies the Enforcement of Non-Compete Agreements in the Employment Context
Here we go again! For the third time in less than six years, the Texas Supreme Court has repudiated technical legal niceties and has adopted broad pro-employer principles to support the enforcement of non-competition agreements in Texas. Marsh USA, Inc. v. Cook, 54 Tex. Sup. Ct. J. 1234 (Tex. 2011).

03/09/2011 - Employers’ Cat’s Paw Liability: Watch Out for the Monkey Business of Supervisors
In a case decided last week, Staub v. Proctor Hospital, a unanimous United States Supreme Court finally addressed the application of the “cat’s paw” theory of liability to employment discrimination claims, holding that an employer can be liable for an employment action motivated by a non-decision maker’s discriminatory animus.

01/31/2011 - FLSA Year in Review 2010: Death Star Workers Were Independent Contractors; Other Cases Also Side With Empire
FLSA year in review, a look ahead: Expect the DOL to continue its aggressive enforcement of the wage and hour laws which, of course, will likely lead to more litigation over alleged wage and hour violations.

11/30/2010 - The Houston Lawyer Guest Article: Sextual Frustration: Why the Law Needs to Catch Up to Teenagers' Texts
Today's youth has introduced a new word into the American vocabulary - "sexting." The media-driven term combines "sex" and "texting" to describe the practice of teens sending sexually suggestive text messages or nude or semi-nude photographs either of themselves or of other teens by cell phone or email.

11/19/2010 - Employers' Eye on the Court: The U.S. Supreme Court Will Decide a Host of Employment-Related Cases During its Current Term
The U.S. Supreme Court began its new 2010-2011 term on October 4, 2010 with a number of employment-related cases on the docket, many of which have already been orally argued, that could potentially impact employers concerning such matters as arbitration, retaliation, immigration, and employee benefits.

06/30/2010 - U.S. Supreme Court Upholds Employer Searches and Underscores Importance of Electronic Communications Policies
The United States Supreme Court issued a unanimous decision that provides guidance on steps employers can take to reduce an employee’s privacy expectations and emphasizes the importance of having a clear, well-defined privacy policy.

06/14/2010 - Fowler, Chatterton and McElroy Guest Column in Law360: Health Care Reform 101: For Employers
On March 21, 2010, the House of Representatives passed the Patient Protection and Affordable Care Act (“PPACA”), signed into law on March 23, 2010. The health care reform law will make far-reaching changes to the United States health care system over the next several years.

04/22/2010 - Employers Beware: How the Recent Health Care Reform Legislation Affects Employers
On March 21, 2010, the House of Representatives passed the Patient Protection and Affordable Care Act (“PPACA”), which President Obama signed into law on March 23, 2010. The health care reform law will make far-reaching changes to the United States health care system over the next several years.