Texas Employment Law Update

Recent Posts from Texas Employment Law Update

• "Mad Men" Teaches What Not To Do When Leaving An Employer to Form a Start-Up Competitor

  Last week's season finale of AMC's critically acclaimed series "Mad Men" shows a prime example of how to get involved in big time litigation when leaving a former employer to start-up a competing enterprise or work…

• Keeping Off Santa's Naughty List Because of What You Did at the Company Christmas Party: Minimizing Employer Liability Arising From Employer-Sponsored Holiday Parties

  Let the Festivities Begin. It’s that time again. The leaves are changing; there is crispness in the air and it’s time to start planning the company’s annual end of year or holiday party. While these events are…

• FMLA Amended For Second Time in Two Years

  President Obama signed the 2010 National Defense Authorization Act setting the budget for the Department of Defense for fiscal year 2010.  The NDAA amends the Family & Medical Leave Act and is effective immediately.  In relevant part, the NDAA…

• Fifth Circuit Reverses Judgment for Company that Classified Employees As Independent Contractors

  Recently I wrote about the risks posed by misclassifying employees as independent contractors.   In an unpublished opinion, the U.S. Court of Appeals for the Fifth Circuit (the federal appellate court that hears appeals from Texas)…

• EEOC Changes Tactics in Enforcing "Pregnancy" Discrimination Laws

  The EEOC recently brought suit against the country's largest home builder on behalf of a pregnant employee who was denied a period of unpaid leave in addition to the maximum permitted under the employer's policies.  What…

• Supreme Court of Texas Compels Arbitration of Discrimination and Retaliation Claims

  Texas courts strongly favor the resolution of disputes through arbitration. When parties to a dispute have signed an agreement to arbitrate covered disputes, Texas courts will rarely disregard that agreement.   A recent per curiam opinion of…

• EEOC Releases Poster Incorporating GINA

  The EEOC issued a new poster that incorporates provisions of the Genetic Information Nondiscrimination Act (GINA).  The new poster also includes updates from the Department of Labor.  A copy of the poster can be printed here.  Covered…

• EEOC Publishes Proposed Regulations Designed to Implement Amendments to the Americans with Disabilities Act

  The EEOC recently published proposed regulations designed to implement provisions of the ADA Amendments Act (ADAAA). The proposed regulations incorporate significant changes to the law and provide numerous illustrative examples. A full copy of the proposed regulations…

• Proper Classification of Workers as Employees or Independent Contractors May Reduce Litigation Exposure

  Employers have long been challenged by a variety of wage and hour litigation such as misclassification cases and off-the-clock overtime cases.  One of the latest trends in wage and hour litigation is attacking a company's classification of…

• Texas Appellate Court Continues Trend of Enforcing Noncompetition Agreements

  Since the Texas Supreme Court's Sheshunoff and Mann Frankfort opinions, Texas appellate courts have, with increasing frequency, enforced covenants not to compete in the employment context.  Gone are the days when noncompetition agreements were difficult to…