Fifth Circuit: Indian Respiratory Therapists Failed to Establish Pretext
- posted: Mar. 06, 2013
- Recent Developments 2013,  Race Discrimination
In Assariathu v. Lone Star Health Management Associates, L.P., No. 12-10730 (5th Cir. March 6, 2013) (unpublished), eight respiratory therapists of Indian ancestry sued the Dallas Regional Medical Center for Read More
What Is Immigration-Related Discrimination?
- posted: Mar. 04, 2013
- Immigration-Related Discrimination
One of the least well known employment discrimination provisions is found in the Immigration and Nationality Act, 8 U.S.C. § 1324b. Here are the answers to some questions about the Read More
The NLRB's Facebook Decision: What Is Protected and What Is Not?
- posted: Mar. 01, 2013
- Recent Developments 2013,  The NLRA and Non-Union Employees
The impact of social media on the rights of employees has been a hotly debated subject for several years. The NLRB raised the stakes with its recent decision in Hispanics Read More
First Court of Appeals Construes an Executive Employment Agreement and Restricted Stock/Stock Option Agreements in Favor of the Employee
- posted: Feb. 28, 2013
- Executive Compensation
Today, the First Court of Appeals issued its decision in Hercules Offshore, Inc. v. Guthrie, No. 01-10-00968-CV (Tex. App. -- Houston Feb. 28. 2013). Ms. Guthrie entered into an Executive Read More
NLRB: A Houston Employer Violated the NLRA by Firing a Non-Union Employee for Discussing Salary Information with Other Employees
- posted: Feb. 27, 2013
- Recent Developments 2013,  The NLRA and Non-Union Employees
A recent NLRB case provides an excellent illustration of the potential effect of section 7 of the NLRA in a non-union environment. The employer, Jones & Carter, Inc., is a Read More
The National Labor Relations Act Can Protect Non-Unionized Employees
- posted: Feb. 26, 2013
- The NLRA and Non-Union Employees
The National Labor Relations Act is best known for regulating unions, strikes, and collective bargaining. It is administered by the National Labor Relations Board. Given that relatively few Texas employees Read More
New Texas Rule of Civil Procedure 169 and Employment Cases
- posted: Feb. 25, 2013
- Recent Developments 2013
On February 12, 2013, the Texas Supreme Court approved Rule 169 of the Texas Rules of Civil Procedure, which provides for expedited proceedings in cases that involve less than $100,000.00 Read More
When Is an Employee Entitled to Overtime in Texas?
- posted: Feb. 25, 2013
- Wage and Overtime Claims
Texas does not have its own statute requiring the payment of overtime to employees of private companies. Instead, private sector employees in Texas are covered by the federal Fair Labor Standards Read More
First Court of Appeals: Sovereign Immunity Does Not Bar a Suit for Breach of a Severance Agreement with a Government Unit
- posted: Feb. 24, 2013
- Government Employees
Guy Rankin was the CEO of the Harris County Housing Authority. He had a written employment contract with the Authority. In 2012, the Authority agreed to buy out his contract. Read More
Fifth Circuit Finds That a "Fried Chicken" Joke Was Racist
- posted: Feb. 24, 2013
- Race Discrimination
The Fifth Circuit's decision in Autry v. Fort Bend Independent School District, No. 11-20639 (5th Cir. Jan. 7, 2013), raised eyebrows for reasons that had nothing to do with its Read More