Profanity Can Also Be A Controversial Issue In The Workplace

Political controversies, such as President Trump’s alleged use of the term “sh**hole” in reference to third-world countries, serve as a reminder to private employers that profanity in the workplace can also be a controversial issue. There is no federal law which expressly addresses profanity in the workplace, but profanity can still be at the heart of a legal dispute under applicable employment laws. READ MORE

What Does An Employer Need To Know About An OSHA Closing Conference?

At the conclusion of an inspection, OSHA generally conducts a closing conference. The closing conference may be conducted in person at the employer’s worksite or by telephone. Most closing conferences are conducted by telephone. What is the Purpose of the Closing Conference? The closing conference provides the OSHA Compliance Safety & Health Officer (“CSHO”) the opportunity to review apparent violations and other pertinent issues, if any, found during the inspection, including input for establishing abatement dates. READ MORE

Oklahoma Strikes Down Certificate Of Merit Statute As Unconstitutional (Again)

When tort reform swept the country more than a decade ago, many states imposed numerous pre-suit requirements to weed out meritless claims against medical and non-medical professionals. Tort reform, however, hasn’t been at the top of most states' legislative agenda in years. Now it appears that some appeals courts may be pushing back against one of medical and non-medical professionals’ key, hard-earned defenses – certificates of merit. In October 2017, the Oklahoma Supreme Court became the latest to strike down its state’s certificate of merit statute as unconstitutional. John v. Saint Francis Hospital, Inc., 405 P.3d 681, 687 (Oct. 25, 2017). The John Court held: “the thrice incarnated aff

Firm's Blogs Now Featured on Texas Bar Website

As of January 2, 2018, each of the firm's three legal blogs is listed on Texas Bar Today. - "Professional Liability Update"; - "Defending Management;" and - "How to Survive an OSHA Inspection" Texas Bar Today is an online media network featuring curated news and commentary from Texas legal professionals. The website is operated by the State Bar of Texas. Although the firm has only been publishing legal blogs since 2015, the blogs have already had nearly 8,000 unique visitors.

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* Principal Office - Plano. By appointment only in Austin, Dallas & Oklahoma City


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