Monty & Ramirez Arbitration Shield

The 2018 election changed the composition of the Texas judiciary in all of Texas’s largest cities. This transformation will bring about many fundamental changes in the law, and employers should expect an increase in employment lawsuits in the upcoming years. Now is the time for employers to consider using arbitration agreements in order to mitigate…

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No-Match Letters Making a Comeback

The Social Security Administration (SSA) has been busy sending employers an “educational” letter, but you would be wise to read between the lines. With U.S. Immigration and Customs Enforcement (ICE) raising the heat on worksite enforcement audits, you should learn more about the impact the agency’s so-called educational letters can have on your immigration compliance….

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U visa forms may be discoverable: sexual harassment and immigration

Sexual harassment claims are difficult for any employer, but with the added dimension of immigration status, they can become even more complex to resolve. The Equal Employment Opportunity Commission (EEOC) recently reached a settlement in a long-running case involving allegations by the employer that the employees’ sexual harassment claims were falsely motivated by a desire…

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Don’t ask about prescription meds without reasonable belief, objective evidence

Q: Is it legal to ask employees what prescription medications they use and whether the medications may affect their behavior or cause a safety issue? A: In general, no. It could be deemed a disability-related inquiry and therefore discriminatory under the Americans with Disabilities Act Amendments Act (ADAAA). However, employers can make “disability-related inquiries” when…

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Some Texans on unpaid medical leave may qualify for jobless benefits

An individual must be deemed “unemployed,” “eligible,” and “not otherwise statutorily excepted or disqualified” to receive benefits under the Texas Unemployment Compensation Act. In light of a recent Texas Supreme Court decision, individuals on unpaid medical leave—even if they’re protected by the Family and Medical Leave Act (FMLA)—may qualify for jobless benefits, assuming they meet…

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USA Today: Asian, Muslim and Latino immigrants across USA helped Trump and GOP win

Managing Partner Jacob M. Monty‘s conversation with USA Today about midterm election results: Adryana Aldeen hovered outside a Dallas polling station Tuesday with a sign that read, “Pete Sessions for Congress” and a T-shirt that said, “Latinas for Abbott” – promoting the incumbent Republican U.S. congressman from the Dallas suburbs and the incumbent Republican governor of Texas. Aldeen,…

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