In this episode of Employment Law Problems, I discuss some of the basic elements that all employers should consider when responding to an EEOC charge. Many employers will never face a discrimination charge, but for those that do it can be one of the most difficult allegations to defend against if the employer does not
Brett Holubeck Blogs
Latest from Brett Holubeck
Your Employee Handbook Rules are in Jeopardy From the National Labor Relations Board
The National Labor Relations Board is looking to make dramatic changes to employee handbooks. Here is the first paragraph in my latest article.
The National Labor Relations Board is actively looking to modify the legal standards that for the past five years have provided a commonsense solution for evaluating the legality of commonplace workplace misconduct
Will Captive Audience Meetings Become Unlawful at the NLRB
In a recent post on the Fisher Phillips blog, I and my colleagues examine this issue.
Here is the first paragraph:
The NLRB’s top prosecutor just issued a memo which seeks to bar employers from convening employee meetings on working time to address union representation unless they provide employees specific assurances that participation is completely
Independent Contractor vs. Employee Podcast
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How can you tell whether a worker is an independent contractor or an employee? You can find all about the tests that Texas uses to determine whether a worker is an employee or independent contractor in my latest podcast episode. In the episode, I cover the classical twenty
What is an Independent Contractor in Texas?
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Are you properly categorizing your workers as employees? Are they actually independent contractors? How can you tell if a worker is an independent contractor instead of an employee in Texas? Lucky for you Texas, or at least the Texas Workforce Commission (TWC), has a twenty factor test that you
Employment Law Problems: 2022 Employment Law Predictions
I’m excited to bring back Employment Law Problems for its 2nd season. I plan to post at least one episode per month this year and will aim for two episodes. It was a lot of fun to do the podcast last year. I’m looking forward to producing a lot more content in the year to
2021 Labor and Employment Predictions Reviewed
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2021 is officially over! It couldn’t have come soon enough in my opinion. I’m hoping that my labor and employment predictions for 2023 will be able to completely avoid COVID related predictions, but after the last two years I am not holding my breath. Let’s be honest though, 2023
2022 Labor and Employment Law Predictions
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Workplace law has changed dramatically over the past two years of the pandemic. Unfortunately, 2022 (or is it “2020 too”?) is shaping up to be another year full of new rules and regulations within this volatile area of law. Of course, the biggest labor and employment changes in the
2019 and 2020 EEO-1 Portal Closes on November 15, 2021
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The EEOC announced that companies that are required to complete EEO-1 reports must do so no later than November 15, 2021 (see this prior article to determine whether your company must file the report). The deadline to file was October 25, 2021, however, the EEOC announced this limited
Texas 2021 Labor and Employment Legislative Update
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The Texas legislature finished up a jam-packed legislative session over the summer that will have a profound impact on employment law in Texas. The Governor has also announced a special session on August 5 that did not proceed until late last week due to a lack of quorum as