What Steps Should Employers Take to Stop the Spread of COVID-19?
- posted: Apr. 24, 2020
- 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
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
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
Houston Court of Appeals Holds That a Doctor's Employment-Related Claim Is Not a Health Care Liability Claim
- posted: Jan. 31, 2014
- Recent Developments 2013
Chapter 74 of the Texas Civil Practice and Remedies Code requires the dismissal of a health care liability claim unless the plaintiff files an expert report within 120 days. This Read More
San Antonio Court of Appeals Upholds Causation in a Retaliation Case Despite a Three-Year Time Gap
- posted: Jan. 31, 2014
- Recent Developments 2013
Unlike ordinary discrimination claims, retaliation claims require "but for" causation: that the retaliatory act would not have occurred but for the plaintiff's protected activity. It is common for plaintiffs to Read More
Austin Court of Appeals Affirms Summary Judgment on Constructive Discharge Claim
- posted: Jan. 31, 2014
- Recent Developments 2013
When employees quit, rather than being fired, they can still sue for wrongful termination under a constructive discharge theory. However, the legal standard for constructive discharge is high. This is Read More
Corpus Christi Court of Appeals Dismisses Claims Due to Deficient Charge of Discrimination
- posted: Jan. 31, 2014
- Recent Developments 2013
The process of filing a charge of discrimination with the EEOC or TWC is supposed to be simple. However, deficiencies in the charge can be jurisdictionally fatal to a plaintiff's Read More
El Paso Court of Appeals Finds UTEP Subject to Suit for Harassment of a Contractor's Employee
- posted: Jan. 30, 2014
- Recent Developments 2013
On July 10, 2013, the El Paso Court of Appeals issued its opinion in University of Texas at El Paso v. Ochoa, No. 08-12-00115-CV (Tex. App. -- El Paso 2013) Read More
Dallas Court of Appeals Affirms Award for Employee on TWC Wage Claim
- posted: Jan. 30, 2014
- Recent Developments 2013, Wage and Overtime Claims
On June 13, 2013, the Dallas Court of Appeals issued its opinion in JMJ Acquisitions Management, LLC v. Peterson, No. 5=12=00263-CV (Tex. App. -- Dallas 2013, no pet.) (now reported Read More
Beaumont Court of Appeals Upholds a Physician Non-Compete
- posted: Jan. 29, 2014
- Recent Developments 2013
On June 13, 2013, the Beaumont Court of Appeals issued its decision in Sadler Clinic Association v. Hart, No. 09-12-00086-CV (Tex. App. -- Beaumont 2013, pet. denied). This case discussed Read More
