Employees v. Contractors

Recently, major companies and startups have been facing challenges about the status of individuals providing services or goods to consumers using a common brand or platform such as Uber or Airbnb. While many of these challenges come from outside of the United States, a number of them have come from within the US. Much of […]

Independent Contractor or Employee?

I am asked all the time, “I 1099ed that person, she is a contractor. Right?” For some reason lots of decision makers believe that a 1099 and calling someone an independent contractor makes a person a contractor. The truth is . . . nope.  Whenever I talk to folks about this issue, I try to […]

Drug Testing Employee Candidates: Medicinal Use of Marijuana in the Great State of Texas

Just the facts Ma’am: Candidate lives in California and obtains a prescription for marijuana.  We are going to assume that she used the prescription as prescribed. Wink! She then moves to Texas and applies for a job.  But wait, the employer performs drug testing. What is the employer’s obligation?  Could it refuse to hire the […]

Upset over Employee Facebook Posts? Think before you Fire

 POST by Michael Melder. The law that protects unions applies to social media postings by nonunionized workforces.  Why? The National Labor Relations Act (NLRA) protects employees’ rights to participate in concerted activity.  What that means is, employees can get together and talk about how bad their boss is, or how much they make, or how […]

THE BOX: Corrective Action, not Employee Discipline

Post by: Michael Melder   So the conversation started like this: Business Owner: “I have two employees who don’t seem to be doing their jobs like I want them to.”  He provides me with specific examples. I am sure you can think of at least one employee in your organization that isn’t living up to expectation. […]

FMLA: Intermittent Leave & The Party Animal

  FMLA: Intermittent Leave & The Party Animal Regulating Intermittent FMLA Leave: May an Employer Request a Doctor’s Note for Each Intermittent FMLA Absence? Post by:   Michael Melder [The above subtitle came from an article I recently read.  If you would like to read it, click here.]   If you don’t want to read it here […]

Melder Joins Chester & Jeter LLP

The Dallas-based business & innovation law firm Chester & Jeter LLP is pleased to announce that labor and employment attorney Michael Melder has joined the firm as Of Counsel. Michael’s practice will focus on labor and employment law, including matters such as employment agreements, employee handbooks and policy manuals, workplace investigations, and issues related with […]