Yet another plaintiff lost his case because of the failure to check the correct box on the charge of discrimination form. In this case, the plaintiff had actually won the case to a jury, only to see the judgment reversed due to a deficient charge. The case is ATI Enterprises, Inc. v. Din, No. 05-11-01522-CV… Read More »
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 claim. The biggest sources of problems are (1) plaintiffs who file charges on their own, relying on the EEOC or TWC personnel for assistance; and… Read More »
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) (now reported at 410 S.W.3d 327). The issue in the case was whether UTEP could be sued for sexual harassment and retaliation by the employee… Read More »
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 at 407 S.W.3d 371). This case involves an appeal from a wage claim decided by the Texas Workforce Commission. Peterson worked for JMJ, which experienced… Read More »
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 the enforceability of a non-compete in a physician’s contract. The court made three important holdings. First, the court considered the reasonableness of the buyout provision… Read More »
On June 13. 2013, the Beaumont Court of Appeals issued its opinion in Hodgson v. U.S. Money Reserve. Inc., No. 09-13-00074-CV (Tex. App. – Beaumont 2013, no pet.). This is an unpublished decision, but it is nonetheless interesting because it shows how one court of appeals is analyzing non-compete issues in the post-Marsh era…. Read More »
Today, the Supreme Court issued its opinion in Sandifer v. United States Steel Corp., No. 12-417 (U.S. Jan. 27, 2014). The issue in Sandifer was whether time spent by union employees in donning and doffing of protective gear constituted compensable time for purposes of an overtime claim. The Court held that donning and doffing of protective gear… Read More »
The Fifth Circuit issued its long-awaited decision in D.R. Horton, Inc. v. NLRB, No. 12-60031 (5th Cir. Dec. 3, 2013). In its D.R. Horton decision, the NLRB had held that section 7 of the NLRA prohibited class-action waivers in mandatory arbitration agreements imposed by employers, because such waivers impeded the right of employees to engage… Read More »
The Fifth Circuit issued its long-awaited decision today in D.R. Horton, Inc. v. NLRB, No. 12-60031 (5th Cir. December 3, 2013). In the D.R. Horton case, the NLRB held that section 7 of the National Labor Relations Act prohibited class action waivers in mandatory arbitration agreements imposed by employers. The Fifth Circuit summarized the NLRB’s… Read More »
By a 5-4 vote, the United States Supreme Court held that the plaintiff in a Title VII retaliation case cannot rely on a “mixed motive” theory. The case is University of Texas Southwestern Medical Center v. Nassar. The case was discussed and previewed in this article. The majority opinion by Justice Kennedy summarized its reasoning as follows:… Read More »
