Dallas Employment Lawyer Blog

Federal agencies’ lack of quorum(s) during the second Trump administration may harm employees’ rights.

February 5, 2025 | Robert J. Wiley

Summary: This article discusses the implications of the Trump administration’s removal of members from independent federal agencies tasked with protecting employee rights.

I previously wrote about the possibility of the then-incoming Trump administration implementing various aspects of Project 2025. Unfortunately, it seems that one way the Trump administration may go about pursuing that agenda is by stripping agencies of their ability to act by removing their “quorums.”

Some federal agencies (in particular, those related to things such as employee or consumer rights) are organized as independent boards or commissions with legal limits on when a president can remove board members or commissioners. These agencies commonly only have Congressional authority to act as a full body—not through individual board members or commissioners. These sorts of agencies generally require a quorum, a minimum number of members, to have that legal authority. On the one hand this setup makes sense, as it prevents these agencies from being run by just one person, making them more independent of changing administrations. But this also means that if a presidential administration removes members—or simply fails to fill vacancies—that can eliminate an agency’s quorum and thus delay its ability to take many actions.

“Project 2025” on Employment Law

December 16, 2024 | Robert J. Wiley

This article briefly highlights parts of Project 2025 (a conservative policy wish-list that the Trump administration seems likely to implement) that would have an impact on employment law and workers’ rights.

During his campaign, Donald Trump denied having anything to do with Project 2025, a conservative policy wish-list created by the Heritage Foundation. Project 2025 openly bills itself as a toolkit for the incoming administration. Tellingly, Trump has gone on to propose multiple nominees for his administration with close ties to the creation of the document. For instance, Trump intends to appoint Russ Vought as director of the Office of Management and Budget. Vought wrote one section of Project 2025 in which he espoused deep cuts to federal programs and agencies. One way or the other, it seems that the Trump administration is likely to try to implement at least some aspects of Project 2025. So what does it have to say about employment law?

Section 18 of Project 2025 addresses the “Department of Labor and related agencies.” Initially, when it comes to employment law Project 2025 says its goal is to help “reclaim the role of each American worker as the protagonist in his or her own life.” However, the proposals that it gives top billing to seem to have little connection to that.

A Trip to Mexico: Employment Law Update

October 11, 2024 | Deontae Wherry

Dallas Employment Trial Lawyer Deontae Wherry

Attending the Texas Employment Law Association (“TELA”) Continuing Legal Education (“CLE”) event in Guadalajara, Mexico, last week was a rewarding experience that seamlessly blended professional development with cultural exploration. The weather was beautiful, ranging from 60 to 84 degrees and sunny, enhancing the overall enjoyment of the event.

The CLE gathered employment attorneys from various regions, providing a valuable opportunity for networking and idea exchange. The sessions covered a wide range of relevant employment law topics, featuring expert speakers who shared insightful perspectives on recent legal changes affecting both employers and employees. The interactive format encouraged engaging discussions, making the learning experience even more enriching.

Best Tips for Participating in Mediation: A Legal Perspective

October 10, 2024 | Riley Carter

Dallas Employment Trial Lawyer Riley Carter

Mediation is an increasingly popular alternative to traditional litigation, offering a more collaborative approach to dispute resolution. It allows parties to negotiate a mutually acceptable resolution with the assistance of a neutral third party. As an individual entering mediation, understanding how to effectively participate can significantly influence the outcome. Here are some key tips to consider.

Prepare Thoroughly

Texas Non-Competes Under Fire: What Employees Need to Know About Protecting Their Career Mobility

October 10, 2024 | justia.admin

Recent updates in Texas non-compete law have crucial implications for employees, particularly around job mobility and access to career opportunities. In August 2024, the U.S. District Court for the Northern District of Texas blocked the Federal Trade Commission’s (FTC) proposed nationwide ban on non-compete agreements, a rule that was set to eliminate these restrictions across the country. This decision preserves the enforceability of non-compete clauses in Texas, but it also signals ongoing legal battles that may ultimately shape the future of employee protections.

Here’s what employees should know about the current state of non-competes and how this affects them:

1. Ongoing Use of Non-Compete Agreements

Blessed Are the Informed: Employee Rights in Religious Workplaces

October 10, 2024 | Robert J. Wiley

The intersection of faith, employment law, and personal rights creates a unique landscape for employees in religious institutions. While the First Amendment’s protection of religious freedom is paramount in American society, it doesn’t grant religious employers carte blanche to disregard employment laws or employee protections. For those working within religious organizations, understanding and protecting your rights is crucial.

It’s a common misconception that employees of religious institutions are without rights. In reality, many standard labor laws still apply, despite some exceptions for religious organizations. Federal anti-discrimination laws prohibit discrimination based on race, color, national origin, sex, and disability, even within religious institutions. However, these organizations may have some leeway when it comes to religious discrimination, particularly in hiring practices for roles central to their religious mission.

One of the most significant legal concepts affecting employees in religious institutions is the “ministerial exception.” This doctrine, which originated from the U.S. Supreme Court’s 2012 decision in Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, exempts religious organizations from certain employment laws when dealing with employees who serve in ministerial roles. The Court recognized that the First Amendment’s religion clauses prevent the government from interfering with a religious group’s decision to fire one of its ministers.

Are employers trying to make at-will employment a one-way street?

September 5, 2024 | Robert J. Wiley

This article tries to put workers on notice that employers are increasingly trying to set up situations where they can fire employees at any time and for any reason, but the employees are not allowed to seek work elsewhere without their boss’s say-so. This could result in workers being essentially trapped in their jobs against their will.

Texas is an at-will employment state. What that is supposed to mean is that (barring some specific legal violation) employers can fire an employee or any reason or no reason, and an employee can quit for any reason or no reason. For all practical purposes, there is a presumption of at-will employment in Texas. And nominally the 13th Amendment, which bans slavery, also prevents employers from forcing (non-prisoner) employees to work for them. However, in the last several years there have been increasing instances of employers trying to make at-will employment a one-way street—namely, that they can fire employees for any reason or no reason, but employees can’t leave without their employers’ permission.

Probably the most common way employers have started to do this is through non-compete agreements. As we have written about before, in Texas a non-compete is supposed to be limited to reasonable restrictions on professional activity, within a reasonable geographic limit and duration. It is also supposed to be limited to protecting a legitimate interest of the employer. However, employers often try to write non-competes as vaguely and broadly as possible, so that virtually anywhere an employee might work anywhere in the world (unless it’s a totally different industry that the employee would not be qualified for) could conceivably violate the agreement. That way, the employer can mandate that all their employees agree to non-competes (often after the employees have already been working for a while) and then use the agreements as a scare tactic—regardless of whether a court would ultimately enforce the terms—to discourage employees from leaving on pain of financial ruin. Employers may try to “make an example” of a few employees to try to develop a reputation for throwing the book at anyone who leaves and stays in the same industry, to keep others in line.

Why AI can’t give you real legal advice

August 5, 2024 | Robert J. Wiley

Summary: AI is an amazing tool, but its use in the legal field is limited. This article cautions against people—lawyers or non-lawyers—becoming reliant on AI that fundamentally is not intelligent or able to meet the ethical standards of giving legal advice.

To say “Artificial Intelligence” is one of the hottest topics in today’s society is probably an understatement. From Google now putting AI-generated results first for most internet searches, to the creation of AI “assistants” to help write emails, to media companies having AI draft press releases or even full news articles, you probably see AI-generated language every single week.

There’s quite a mystique around the concept, but modern AI is most definitely not like in the movies. “Generative” AI is not intelligent at all—it is basically just a computer algorithm (or several algorithms) capable of sorting through large amounts of text or images relevant to a user’s prompt to create a response based on the data it has access to. In other words, you can ask it for something, and it searches the internet or some database to put together a response. The fact that it is using information put together by humans makes it able to write responses that appear to be written by a human as well.

Understanding Legal Ethical Rules on Taking Legal Costs Out of Client Settlements

August 1, 2024 | Riley Carter

Dallas Employment Trial Lawyer Riley Carter

When clients settle their legal disputes, the way legal fees are handled can significantly impact their financial outcome and trust in their attorney. Legal ethics play a crucial role in guiding how lawyers manage and deduct costs from settlements. Let’s delve into the ethical rules and considerations surrounding this practice to ensure that legal professionals maintain transparency, fairness, and compliance with established standards.

The Ethical Framework

A Texan’s Guide to Unemployment Benefits

August 1, 2024 | Robert J. Wiley

Unemployment benefits provide crucial financial support to individuals who have lost their jobs. Understanding how to navigate the Texas Workforce Commission (TWC), the appeal process, and the distinction between being fired for work-related misconduct versus other reasons can significantly impact Texas employees’ eligibility and benefits.

In Texas, the Texas Workforce Commission administers unemployment benefits, determines an employee’s eligibility, and processes unemployment benefit claims.

Applying for Unemployment Benefits