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Viewing 41 - 50 out of 102 posts

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

The Supreme Court Rejects "Mixed Motive" in Title VII Retaliation Cases

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 Read More

The Supreme Court Holds That Title VII Imposes Strict Liability on an Employer for Harassment by a Supervisor Only if the Supervisor Has the Power to Take "Tangible Employment Actions"

By a 5-4 vote, the Supreme Court narrowed the circumstances under which an employer can be held strictly liable for the actions of a supervisor in an harassment case.  The Read More

EEOC Wins Landmark Title VII Case on Breast Feeding and Lactation

The Fifth Circuit issued a landmark decision in a sex discrimination case involving breast feeding and lactation in EEOC v. Houston Funding II, Ltd. (5th Cir. May 30, 2013).  The Read More

Fifth Circuit: Volunteer Firefighters Are Not "Employees" Under Title VII

In a case of first impression, the Fifth Circuit considered whether voluntary firefighters are "employees" for purposes of Title VII in Juino v. Livingston Parish Fire District No. 5 (5th Read More

Fifth Circuit Reverses Summary Judgment in Gender Discrimination and Retaliation Case Involving LSU

The Fifth Circuit considered an appeal from a summary judgment in a case involving clander discrimination and retaliation.  The case is Haire v. Board of Supervisors of Louisiana State University (5th Read More

Texas Adopts the Uniform Trade Secrets Act

Historically, trade secret issues in Texas were a matter of common law.  As previously discussed on this blog, the Texas legislature finally considered adopting the Uniform Trade Secrets Act this Read More

Dallas Court of Appeals: The Texas Workforce Commission's Improper Processing of a Charge of Discrimination Is Not a Jurisdictional Bar to Suit

The processing of a Charge of Discrimination by the EEOC or the Texas Workforce Commission can present a number of vexing issues in employment discrimination cases.  The Dallas Court of Read More

Viewing 41 - 50 out of 102 posts