Texas Employment Law Update
"Covering current labor and employment legal trends and topics affecting Texas employers and non-Texas employers with employees in Texas."
Author: Russell D. Cawyer is a partner at Kelly Hart & Hallman in Fort Worth, Texas.
Blawg Related Categories: Labor & Employment • States • Texas • Partner
Recent Posts from Texas Employment Law Update
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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…
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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 In an unpublished opinion, the U.S. Court of Appeals for the Fifth Circuit (the federal appellate court that hears appeals from Texas)…
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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…
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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…
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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…
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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…
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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…
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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…
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More Reasons to Document Employee Performance Issues
I recently wrote about the importance of documenting employee performance deficiencies. I also tried to outline several items to consider including in that performance documentation. You can read my post here. This week, two fellow…
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Balancing Employee Efficiency with Overtime Risk: Hourly Employees Use of Smart Phones for Work
Employees frequently stay connected with work through company issued smart phones. Smart phones, like the iPhone, Blackberry, and Treo, allow employees to have access to their work e-mails, calenders and contacts --in addition to making and receiving…