NewsWire

Small Lizard May Threaten Texas Energy Production
In West Texas, a 3-inch lizard is causing a big controversy. The U.S. Fish and Wildlife Service is proposing to list the Dunes Sagebrush Lizard as an endangered species, raising fears among landowners that saving the lizard could shut down oil and gas operations in the Permian Basin. "Federal officials believe that drilling operations are the major contributor to the loss of shinnery oaks, a low shrub that forms the lizards' habitat across 400,000 acres in Texas and New Mexico," says Jim Morriss with the Austin office of Thompson & Knight. "The best option may be to seek voluntary conservation agreements that offer incentives to preserve the lizard's habitat while still allowing activity. This approach often brings the divergent interests together, fostering a better understanding of both the scientific and economic issues." The proposal's public comment period will end on May 16, with a final listing decision by the USFWS late this year. For information, contact Barry Pound at 800-559-4534 or barry@androvett.com.

Online Harassment Can Spell Trouble for Employers
The recent case of a Houston-area teacher's aide who was fired for setting up a fake Facebook page in a co-worker's name should remind employers of the importance of having a formal social media policy, says Amy Davis, a Labor and Employment partner at Dallas' Rose●Walker. "Employers have a responsibility to protect their employees from harassment in the workplace," says Davis. "Unfortunately, the ubiquity of social media means that the boundaries of the workplace have expanded almost infinitely." Davis warns that it can mean trouble for employers if the company knew, or should have known, about such harassment but didn't take steps to stop it, particularly if it involves sexually oriented content or is motivated by a person's gender, race, religion or other protected status. For more information, contact Mark Annick at 800-559-4534 or mark@androvett.com.

Job Applicant Criminal Background Checks a Necessity
Lawsuits are mounting against employers who use criminal background checks before hiring, says executive employment lawyer Joe Ahmad of Houston's Ahmad, Zavitsanos & Anaipakos. "One argument for these lawsuits is that a criminal check creates discrimination against minorities, another is that it doesn't allow room for redemption, and a third is that people should be notified of background checks, the same as when a credit check is made. But those concerns must be balanced against the safety of employees and customers," says Ahmad. "Sometimes a company has the responsibility to protect against unreasonable risks at the workplace. To ignore this tool could open a company to liability if someone is hurt by an employee with an undiscovered criminal record. We cannot try to stop employers from learning about job applicants, but we can expect them to use that information wisely." For more information, contact Mary Flood at 800-559-4534  or mary@androvett.com.

$30.22 Dispute Makes Class Actions Tougher
Last week's U.S. Supreme Court decision upholding an arbitration waiver of the right to bring a class action will help limit companies' exposure, and likely require more customers to bring legal claims as individuals. In the case, a California couple filed a class action alleging that AT&T had charged them $30.22 in sales tax for a wireless phone marketed as "free." The couple alleged false advertising and objected to the arbitration requirement in their contract. "In a tensely divided 5-4 decision, the court ruled that federal law preempts the state law, which protected the right to bring a class action," says Gregory Huffman of Dallas' Thompson & Knight. "The majority opinion believed that avoiding complex class-action proceedings was consistent with the federal right to arbitrate." The dissenting justices stated that the decision may eliminate the pursuit of some claims because "only a fanatic or lunatic" would sue for a small recovery. For more information, contact Barry Pound at 800-559-4534 or barry@androvett.com.