• posted: May 10, 2023
• David C. Holmes
• Whistleblower Rights,  Retaliation
• pretextual firing,  retaliation,  corporate misconduct,  damages

In 2020, the Wall Street Journal published a story alleging that energy company ExxonMobil inflated its production estimates and the value of some of its Texas oil and gas wells in Read More

• posted: Feb. 10, 2023
• David C. Holmes
• Race Discrimination,  Sex Discrimination and Harassment
• EEOC,  hiring discrimination,  Equal Employment Opportunity Commission,  Texas Workforce Commission

Despite a sea change in American attitudes toward racism and sexism, it’s an unfortunate fact of life that some employers haven’t gotten the memo and continue to discriminate against women Read More

• posted: Nov. 10, 2022
• David C. Holmes
• Wage and Overtime Claims
• Fair Labor Standards Act,  FLSA,  Wage and Hour Division,  independent contractor

The Fair Labor Standards Act (FLSA) requires the vast majority of American businesses to pay nonexempt employees one-and-a-half times their normal hourly wage when they work overtime. Under this law, Read More

• posted: Jan. 17, 2022
• David C. Holmes
• Sex Discrimination and Harassment
• sexual harassment claim,  HB 21,  workforce commission

Small businesses are critical to the success of the Texas economy, but until September 1, 2021, sexual harassment victims at these companies were barred from filing claims with the state’s Read More

• posted: Oct. 15, 2021
• David C. Holmes
• COVID-19
• EEOC,  Americans with Disabilities Act

At any time, companies and Texas and elsewhere in the United States must take great care to avoid violating the Americans with Disabilities Act (ADA). Determining what type of accommodation Read More

• posted: Oct. 15, 2021
• David C. Holmes
• Religious Discrimination
• religious freedom,  COVID-19,  religious exemptions

Religious freedom is a fundamental right guaranteed by the First Amendment to the Constitution. This right to observe the faith of one’s choice affects several types of workplace issues. For Read More

• posted: Oct. 15, 2021
• David C. Holmes
• Wage and Overtime Claims
• rest breaks,  meal breaks,  disability accommodations,  wage claims

Many businesses compensate employees for they time when they are eating lunch or taking an allowed break. While employers might consider this a good way to keep workers happy and Read More

• posted: Oct. 15, 2021
• David C. Holmes
• Disability Discrimination
• EEOC,  reasonable accomodations,  disability discrimination

Firing someone because of their disability is illegal. Businesses sometimes come up with rationales for dismissing a worker who is limited in some way, but if that employee is capable Read More

• posted: Apr. 24, 2020
• David Holmes
• General Information,  FMLA,  Recent Developments 2013,  Whistleblower Rights,  Age Discrimination,  Retaliation,  Race Discrimination,  Government Employees,  Wage and Overtime Claims,  The NLRA and Non-Union Employees,  Executive Compensation,  Immigration-Related Discrimination,  Disability Discrimination,  Sports Labor Law,  Trade Secrets,  Non-Competes,  Sex Discrimination and Harassment,  Employment Contracts,  Recent Developments 2014,  Workers Compensation Retaliation,  Uncategorized
• corona virus,  covid,  employment

As COVID-19 has plagued the United States, business leaders in every industry have gotten a crash course in virus prevention measures. Unfortunately, for many, the information regarding best practices has Read More

• posted: Feb. 05, 2020
• David Holmes
• Uncategorized

Consider this scenario: Employee A has worked in sales for Employer B for many years.  In addition to a small salary, Employee A gets a 4% commission on all sales.  Read More