The Supreme Court Holds That an Employer May Use Offers of Judgment to "Pick Off" the Class Representatives in an Overtime Suit, But Refuses to Decide the Key Mootness Issue
- posted: Apr. 16, 2013
- Recent Developments 2013,  Wage and Overtime Claims
In a highly anticipated decision, the Supreme Court held today that an employer who is facing a potential collective action for unpaid overtime may use the offer of judgment procedure Read More
EEOC's Joint Employer Claim Against Valero Fails
- posted: Apr. 06, 2013
- Recent Developments 2013
In EEOC v. Valero Refining-Texas, L.P., 2013 U.S. Dist. LEXIS 42776 (S.D. Tex. March 13, 2013), Judge Costa considered the application of the "joint employer" doctrine to a disability discrimination claim Read More
EEOC Claims Against Bass Pro Outdoor World Survive Motion to Dismiss
- posted: Apr. 06, 2013
- Recent Developments 2013
In 2011, the EEOC commenced a proceeding against Bass Pro Outdoor World for racial discrimination. The EEOC has alleged a wide range of racial remarks and slurs, but the cornerstone Read More
Austin Court of Appeals: The Date Listed on a Charge of Discrimination Limits the Scope of the Claim
- posted: Apr. 05, 2013
- Recent Developments 2013
The Austin Court of Appeals considered claims of race discrimination and sex discrimination by a probationary Austin firefighter in Booker v. City of Austin (March 13, 2013). The specific discussion of Read More
El Paso Court of Appeals Affirms Age Discrimination Verdict
- posted: Apr. 05, 2013
- Recent Developments 2013,  Age Discrimination
The El Paso Court of Appeals considered an age discrimination claim in Williams-Pyro, Inc. v. Barbour (March 20, 2013). A jury had found that the employer terminated the plaintiff because of Read More
Beaumont Court of Appeals: Age Discrimination Claim Accrued When Layoffs Were Announced, Not When They Occurred
- posted: Apr. 05, 2013
- Recent Developments 2013,  Age Discrimination
The Beaumont Court of Appeals considered an age discrimination claim in Floersheim v. Motiva Enterprises, LLC, which was decided on March 28, 2013. The employer laid off the plaintiff from his Read More
Fifth Circuit: No Attorneys' Fees in a Mixed-Motive Retaliation Case If the Employer Proves That the Employee Would Have Been Fired Anyway
- posted: Apr. 03, 2013
- Recent Developments 2013,  Retaliation
In Carter v. Luminant Power Services Co., No. 12-10642 (5th Cir. April 3, 2013), the Fifth Circuit addressed an unusual question of statutory construction relating to Title VII. The plaintiff Read More
First Court of Appeals Rejects "Continuation" Theory of Successor Liability Under Title VII
- posted: Mar. 29, 2013
- Recent Developments 2013
What happens when an employment discrimination plantiff obtains a judgment against a corporate defendant, but the owner of the company puts the corporation into bankruptcy and continues the business with a Read More
Senate Bill 953: Will Texas Finally Adopt the Uniform Trade Secrets Act?
- posted: Mar. 17, 2013
- Recent Developments 2013,  Trade Secrets
Senator John Carona of Dallas has introduced Senate Bill 953 in the Texas legislature. SB 953 would adopt the Uniform Trade Secrets Act, which is a standard set of state Read More
Senator Grassley Criticizes Proposed New IRS Whistleblower Regulations
- posted: Mar. 15, 2013
- Recent Developments 2013,  Whistleblower Rights
The Internal Revenue Code has contained a limited qui tam whistleblower provision for many years. The Tax Relief and Health Care Act of 2006 greatly expanded these provisions. The new Read More