By Jesse M. ColemanEron ReidRobert B. Milligan, and Michael Wexler 

Seyfarth Synopsis: On May 3, 2024, the United States District Court for the Eastern District of Texas entered an Order staying the proceedings in Chamber of Commerce v. FTC by granting the FTC’s motion to apply the first-to-file doctrine, in which a district court

Continue Reading FTC Non-Compete Ban Lawsuits Update: Eastern District of Texas Stays Chamber of Commerce Suit in Favor of Ryan LLC as First-to-File

By Linda C. Schoonmaker and Eron F. Reid

Seyfarth Synopsis: We previously wrote about the procuring-cause doctrine here. As a refresher, the procuring-cause doctrine provides that a salesperson or other agent who contracts for a commission becomes entitled to payment of the commission when through his efforts he produces a buyer who is ready, able, and willing to

Continue Reading Asking Again-Do You Really Want to Keep Paying Commissions to the Salesperson You Fired? (Update)

By Darien Harris, Elizabeth L. Humphrey, and Tim Watson

Seyfarth Synopsis:  Texas has joined a number of other states in prohibiting employers, including healthcare providers, from requiring their workforces to be vaccinated against COVID-19. As a result, employers in Texas must review their vaccination policies and could be faced with tough choices in the event of another significant

Continue Reading Private Sector Employers Face $50,000 Fine for Vaccine Mandates, New Texas Law Says

By Julia Tape and Linda C. Schoonmaker,

Seyfarth Synopsis: Workplace violence costs employers billions of dollars per year. More importantly, these incidents can cause immense physical and psychological harms to employees. The consequences of these harms impact productivity and morale, and can lead to individuals leaving the workforce. Compared to other job sectors, professionals working in the healthcare industry

Continue Reading Texas Takes the Lead in Addressing Workplace Violence in Healthcare Facilities

By Julia Tape, Linda C. Schoonmaker, and Elizabeth L. Humphrey

Seyfarth Synopsis: Natural hairstyles have become increasingly popular among Black Americans of both sexes. Despite their popularity, these hairstyles have been overregulated frequently in the workplace. To address this concern, Texas recently joined the ranks of twenty-one other states in passing the CROWN Act, which prohibits employers from discriminating

Continue Reading Texas Joins Growing Number of States to Ban Natural Hair Discrimination

By Linda C. Schoonmaker and Darien C. Harris

Seyfarth Synopsis:  The Dallas County Sheriff’s Department gives its detention officers two days off per week.  Prior to April 2019, the schedules were based on seniority, with most officers preferring to take their two days off during the weekend.  Sometime in April 2019, the Sheriff’s Department enacted a scheduling policy that

Continue Reading The Fifth Circuit May Broaden Its Definition of What Constitutes An “Adverse Employment Action” For Purposes of a Discrimination Claim.  What Will That Mean For Employers?

By Linda C. Schoonmaker and Eron F. Reid

Seyfarth Synopsis: Baylor Miraca Genetics Laboratories, LLC (“BMGL”) is in the genetic test business. BMGL sells its tests to its “channel partners,” who in return test specimens ordered by physicians. Brandon Perthuis became BMGL’s Vice President of Sales and Marketing in early 2015. The two-page employment agreement drafted by BMGL provided
Continue Reading Do You Really Want to Keep Paying Commissions to the Salesperson You Fired?

By Jesse M. Coleman and Owen Wolfe

A federal court in Texas recently provided useful insights on what constitutes “solicitation” by a former employee under that employee’s restrictive covenant with his former employer, and the court provided further insights on what inferences courts will, and will not, draw in favor of a plaintiff seeking a preliminary injunction based on alleged
Continue Reading Federal Court Provides Insight on Meaning of “Solicitation” and Plaintiff’s Burden on Motion for Preliminary Injunction

By Dianne Friedl and Steve Shardonofsky

Seyfarth Synopsis: The Texas Workforce Commission (TWC) just announced new guidelines allowing workers to retain unemployment benefits if they refuse suitable work for various COVID-19 related reasons. But the new rules do not require employers to keep those jobs open or reinstate workers when unemployment benefits run out. Under other federal or state laws,
Continue Reading Sidelined Workers in Texas Can Refuse to Return to Work and Still Retain Unemployment Benefits, But New TWC Rules do Not Provide Job Protection

By Steve Shardonofsky, Linda C. Schoonmaker, Vanessa Rogers, and Joshua D. Seidman

Seyfarth Synopsis:  Last April, the Dallas City Council passed an ordinance requiring employers to provide employees who work within the City of Dallas with 48 or 64 hours of paid sick leave per year, depending on size.  Despite pending lawsuits challenging the legality of the
Continue Reading If Pain, Yes Gain — Part 81: Dallas Employers Get Ready–Full Paid Sick Leave Enforcement Begins April 1!!