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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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Am I Bound by this Non-Compete Agreement?

Non-compete agreements (sometimes called non-competition agreements or covenants not to compete, and often including non-solicitation of employees and non-solicitation of customers) are increasingly common across all levels of employees.  Historically, these agreements were reserved for key employees with highly specialized know-how or training, or employees who had “the keys to the castle” for the employer […]

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Unpaid Interns

Unpaid interns across the country are recovering significant settlements. The latest news of a settlement broke today. According to Reuters: Viacom Inc agreed to pay $7.21 million to settle a class-action lawsuit by thousands of former interns who said the owner of Comedy Central, MTV and Nickelodeon did not pay them, despite their having done […]

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