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
Fifth Circuit Finds Evidence of Pretext in a Supervisor's Expression of Animus Against Older Employees and Applies the "Cat's Paw" Rule
- posted: Feb. 24, 2013
- Recent Developments 2013, Age Discrimination
The Fifth Circuit is often unsympathetic to appeals from summary judgments against employees in discrimination cases. However, on February 1, 2013, we saw an exception, when the Fifth Circuit overturned Read More
Does the "Mixed Motive" Rule Apply in Title VII Retaliation Cases? The Supreme Court Will Decide.
- posted: Feb. 24, 2013
- Retaliation
In January 2013, the United States Supreme Court granted review in a case that could determine whether a plaintiff can win a Title VII retaliation claim under a "mixed motive" Read More
Texas Supreme Court: No Prima Facie Case When the Plaintiff Is Replaced by an Older Worker
- posted: Feb. 22, 2013
- Age Discrimination
The Texas Supreme Court has decided few employment discrimination cases. One of the most significant cases that the Texas Supreme court has decided is Mission Consolidated Independent School District v. Read More
Texas Supreme Court: Reporting Illegal Activity to a Supervisor Does Not Satisfy the Whistleblower Statute
- posted: Feb. 22, 2013
- Recent Developments 2013, Whistleblower Rights
The Texas Supreme Court decided two cases today that address whistleblower rights under the Texas Whistleblower Act. The Act provides protections for whistleblowers who work for the state government. Normally, a suit against a Read More
A Quick Guide to the Family and Medical Leave Act
- posted: Feb. 21, 2013
- FMLA
The Family and Medical Leave Act (FMLA) is the federal statute that guarantees employees the right to unpaid leave in the event of certain family and medical issues. This can Read More
