Austin Court of Appeals Affirms Disparate Impact Judgment in Age Discrimination Case
- posted: Feb. 16, 2014
- Age Discrimination,  Recent Developments 2014
Thirty-three City of Austin employees sued for age discrimination, claiming that the terms of their transfer from a defunct department to the Austin Police Department had a disparate impact on Read More
What Is "Constructive Discharge" in Texas?
- posted: Feb. 07, 2014
- General Information
1. What is a constructive discharge? The typical scenario for an employment law case is that the employer has fired the employee. Assuming that the fired worker was an at-will employee, Read More
First Court of Appeals Vacates Temporary Injunction in Non-Compete/Trade Secrets Case Due to Lack of Specificity
- posted: Feb. 06, 2014
- Recent Developments 2014
Rule 683 of the Texas Rules of Civil Procedure provides that an injunction order "shall set forth the reasons for its issuance; shall be specific in terms; [and] shall describe Read More
Fifth Circuit Reverses a Jury Verdict in a Racial Harassment Case Because the Employer Took Prompt Remedial Action
- posted: Feb. 02, 2014
- Race Discrimination,  Recent Developments 2014
When one employee harasses another employee on the basis of sex, race, or another protected classification, the employer is not automatically liable for the misconduct of the employee. Instead, vicarious Read More
Fort Worth Court of Appeals Finds Non-Compete Unenforceable Due to Waiver and Overbreadth
- posted: Feb. 02, 2014
- Non-Competes,  Recent Developments 2014
In an unpublished opinion, the Fort Worth Court of Appeals found that a non-compete was unenforceable due to waiver and overbreath. Ally Financial, Inc. v. Gutierrez, No. 02-13-00108-CV (Tex. App. Read More
Fourteenth Court of Appeals Holds that Equitable Estoppel Bars an Employer from Asserting the Statute of Limitations in an FLSA Case
- posted: Feb. 02, 2014
- Wage and Overtime Claims,  Recent Developments 2014
The Fair Labor Standards Act requires employers to pay the minimum wage and overtime. The FLSA contains a two-year statute of limitations that can be extended to three years in Read More
Houston Court of Appeals Holds That an Employee Recently Released from a Drug Rehab Program Is a "Current" Drug Addict for Purposes of Disability Discrimination
- posted: Feb. 01, 2014
- Recent Developments 2013,  Disability Discrimination
The disability discrimination statutes under both federal and state law expressly exclude current drug addiction as a disability. In Melendez v. Houston Independent School District, No. 14-12-00946-CV (Tex. App. -- Read More
Houston Court of Appeals Affirms Denial of Injunction in Physician Non-Compete Case
- posted: Feb. 01, 2014
- Recent Developments 2013,  Non-Competes
Lasikplus of Texas, LLC v. Mattioli, No. 14-12-01155-CV (Tex. App. -- Houston [14th Dist.] Nov. 21, 2013), addressed the availability of a temporary injunction to enforce the non-compete in a Read More
El Paso Court of Appeals Upholds Workers Comp Retaliation Verdict Despite the Employer's Reliance on a Cause-Neutral Absence Control Policy
- posted: Feb. 01, 2014
- Workers Compensation Retaliation
Chapter 451 of the Texas Labor Code prohibits an employer from retaliating or discriminating against an employee who files a workers compensation claim. The key issue in many cases under Read More