Viewing 31 - 40 out of 99 posts

Austin Court of Appeals Affirms Summary Judgment on Constructive Discharge Claim

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

Dallas Court of Appeals Reverses Retaliation Judgment Due to Deficient Charge of Discrimination

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 Read More

Corpus Christi Court of Appeals Dismisses Claims Due to Deficient Charge of Discrimination

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

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

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

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

Beaumont Court of Appeals Finds a Non-Compete Overbroad When the Employer Failed to Justify the Need for the Restrictions

           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 Read More

Supreme Court Holds That Donning and Doffing Protective Gear Constitutes "Changing Clothes" for Purposes of the FLSA

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 Read More

The NLRA Does Not Prohibit Class-Action Waivers in Employment Arbitration Agreements: The Fifth Circuit's D.R. Horton Decision

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 Read More

The NLRA Does Not Prohibit Class Action Waivers in Arbitration Agreements: The Fifth Circuit's D.R. Hortion Decision

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 Read More

Viewing 31 - 40 out of 99 posts