Employers

Communication Syles

In a world radically changed by the COVID-19 pandemic, the way we communicate in the workplace has been permanently altered with the integration of online communication platforms. Effective communication is essential to human functioning, including within the context of organizations and business entities. But the common workplace communication method changed swiftly when communication technologies replaced in-person communication that once typified office settings. While the integration of online communication platforms was a major contributor to the survival of many businesses, is it possible that these same communication platforms have the potential to exacerbate underlying differences among a diverse and remote workforce leading to increased employment litigation?

Airline Cargo Supervisor

In a unanimous 8-0 decision, in Southwest Airlines Co. v. Saxon, the U.S. Supreme Court (Court) held that airline cargo ramp supervisors that assist with loading and unloading cargo constitute a class of workers engaged in foreign or interstate commerce and are exempt under the from the scope of the Federal Arbitration Agreement (FAA). Justice Thomas authored the opinion on behalf of the Court (Justice Barret was recused from the case) and set forth a two-part analysis that (1) defined the relevant “class of workers” and (2) determined whether the class of worker is “engaged in foreign or interstate commerce.”

Texas Supreme Court Rules

Predictability and fairness are typical pillars of employment law. Where predictability allows both employers and workers to understand and navigate the rules and regulations that are applicable to them, fairness provides a constant level of security to all parties. Recently, the Texas Supreme Court used an unpredictable procedure to reach what it calls a “rule of fairness and right.”

Remote Worker Eligibility

Not surprisingly, simple solutions to complex issues are often elusive. Yet on rare occasions, the solution is in plain sight. Doubtful? For employers struggling with the issue of a remote employee’s eligibility for job-protected leave under the federal Family and Medical Leave Act (FMLA), there is a very simple answer. And, unlike the analysis we discussed in our commentary about wage and hour issues for remote employees, the answer does not depend on the location of the remote employee.