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SCOTUS Issues Landmark Epic Systems Opinion

BREAKING: SCOTUS issues landmark Epic Systems employment #forcedArbitration opinion. What does it all mean? Quick explainer: at least 36 million employees are already subject to a #forcedArbitration clause. That means when something goes wrong (e.g., the company fails to pay wages or commissions, your boss sexually harasses you) you have incredibly already waived your 7th Amendment right […]

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Your Rights – Age Discrimination

According to multiple breaking news sources, IBM is now “facing allegations of rampant age discrimination.” Age discrimination in technology is rampant and unchecked.  Unfortunately, few affected individuals take action within the required time frame.  When they do, as was the case with this $1.5m verdict against IBM for age discrimination, it can be significant. A […]

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Stop Sexual Harassment, Sexual Assault, and Retaliation in Central Texas

Sexual Assault, workplace sexual harassment, and workplace retaliation are against the law in Texas.  If you are dealing with these issues, you need to know you are not alone and that help is available.  If you are in immediate harm, call the police.  You can also call the SAFE Alliance, which has a 24 hour […]

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Can We Improve Diversity and Inclusion in the Workplace?

In October 2017, Kaplan Law Firm Founder and Managing Partner Austin Kaplan joined other leaders in workplace diversity initiatives for a panel discussion on best practices for workplace diversity and inclusion in ATX. This event was part of the Austin Bar Association’s Labor & Employment Section’s continuing legal education series.

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#MeToo? What Rights Do You Have to Be Free of Workplace Sexual Harassment or Assault in Texas?

“Me, too — If all the people who have been sexually harassed or assaulted wrote “Me, too” as a status, we might give everyone a sense of the magnitude of the problem.” We have a big problem. In response to a simple question, women all over the world took to social media this week to […]

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Do Bar/Restaurant Workers Have a Right to be Free from Racism and Sexual Harassment, and to be Paid Fairly?

Bar owners in Austin, Texas have recently come under scrutiny for making allegedly hostile, racist, sexist comments.  You may be wondering, can employers use racism and sexism as they please, or do employees have rights in such situations? Allowing racist and misogynistic behaviors to enter into the workplace can quickly become a violation of employees’ […]

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Texas Telecommuters: Can IBM and Other Big Companies Suddenly Force You to Report to the Office?

IBM recently announced a new policy that reverses decades of practice: no more telecommuters. Telecommuters, also called remote employees, are employees that do their job from home or any other remote location. Companies like IBM instituted these policies in the 1990’s and 2000’s. Work-from-home policies like these were considered a win-win: companies save money on […]

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Kaplan Law Firm Secures $219,500 National Collective Action Settlement for Workers’ Unpaid Wages

Kaplan Law Firm, PLLC and co-counsel Central Texas attorney Edmond Moreland recently settled a nationwide wage and hour collective action on behalf of 46 plaintiffs located across the country, including a plaintiff in Austin, TX.  The total maximum settlement value was $219,500, with $88,000 in attorneys’ fees and expenses, and a maximum amount of $131,500 […]

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I am in a committed same-gender relationship. Am I entitled to get married, and then get benefits?

Yes. On June 26, 2015, the U.S. Supreme Court in Obergefell v. Hodges, 576 U.S. ___, No. 14-556 (June 26, 2015), held that the Equal Protection and Due Process Clauses of the Fourteenth Amendment require marriage for same-sex couples be afforded “on the same terms as accorded to couples of the opposite sex.” Id., slip op. […]

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The Company Says I’m An Independent Contractor. Can I Get Overtime?

Employee misclassification costs the state of Texas millions of dollars each year.  Employers who knowingly misclassify employees are also likely committing payroll and tax fraud.  If you are paid “under the table” by your employer, your employer has also likely violated multiple laws. If you are considered an “Independent Contractor” or a “1099” but are […]

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