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Viewing 71 - 80 out of 102 posts

Fifth Circuit: No Attorneys' Fees in a Mixed-Motive Retaliation Case If the Employer Proves That the Employee Would Have Been Fired Anyway

In Carter v. Luminant Power Services Co., No. 12-10642 (5th Cir. April 3, 2013), the Fifth Circuit addressed an unusual question of statutory construction relating to Title VII.  The plaintiff Read More

Fifth Circuit Grants Rehearing En Banc in a Same-Sex Harassment Case

The Fifth Circuit has announced that it will rehear a same-sex harassment case en banc.  The case is EEOC v. Boh Brothers Construction Co., No. 11-30770.  The issue is whether Read More

First Court of Appeals Rejects "Continuation" Theory of Successor Liability Under Title VII

What happens when an employment discrimination plantiff obtains a judgment against a corporate defendant, but the owner of the company puts the corporation into bankruptcy and continues the business with a Read More

What Are the Retaliation Laws in Texas?

A retaliation claim is similar to, but different from, a discrimination claim.  The discrimination statutes protect various employees with various characteristics, from race to sex to disability status to immigration status.  Read More

What Are the Discrimination Laws in Texas?

Any employee in Texas is protected by a host of federal and state discrimination statutes.  This article lists the various discrimination laws and in some cases provides a link to Read More

Are Non-Competes Enforceable in Texas?

In many states, an employer will have great difficulty enforcing a covenant not to compete.  In fact, in some states, non-competes are contrary to public policy and are never enforceable Read More

Senate Bill 953: Will Texas Finally Adopt the Uniform Trade Secrets Act?

Senator John Carona of Dallas has introduced Senate Bill 953 in the Texas legislature.  SB 953 would adopt the Uniform Trade Secrets Act, which is a standard set of state Read More

What Is a Trade Secret in Texas?

This is a short guide designed to provide general background with respect to the nature of trade secrets under Texas law. 1. What is the definition of a trade secret in Texas? In 1958, Read More

What Are the Rights of an Employee on FMLA Leave?

Let's assume that an employee is entitled to leave under the Family and Medical Leave Act.  What exactly are the employee's rights? The discussion in this guide assumes that the employee has sought Read More

What Is a "Serious Health Condition" Under the FMLA?

The FMLA gives employees a right to take unpaid leave if they have a "serious health condition" that renders them unable to perform the functions of their job.  This article is Read More

Viewing 71 - 80 out of 102 posts