Viewing 81 - 90 out of 107 posts

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?
  • posted: Mar. 16, 2013
  • David Holmes
  • FMLA

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?
  • posted: Mar. 15, 2013
  • David Holmes
  • 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

Senator Grassley Criticizes Proposed New IRS Whistleblower Regulations

The Internal Revenue Code has contained a limited qui tam whistleblower provision for many years. The Tax Relief and Health Care Act of 2006 greatly expanded these provisions.  The new Read More

Can an At-Will Employee Sue for Fraud Arising from a Termination? The Texas Supreme Court Will Decide.

The Fifth Circuit has certified two interesting questions regarding the at-will employment rule to the Texas Supreme Court.  Curiously, the case arises out of a union dispute over which the Texas Supreme Read More

Fifth Circuit: Parking Attendant Applicant Failed to Show Pretext When Denied a Job Based on Graded Interviews

Gonzalez v. City of San Antonio, No. 12-50472 (5th Cir. March 12, 2013) (unpublished), is yet another case that shows the weight that the Fifth Circuit is giving to selection Read More

Commentary on the NBA Lockout

On July 1, 2011, the NBA locked out its players.  This led to a labor battle that lasted for almost five months, resulting in the cancellation of about a quarter Read More

What Is Disability Discrimination in Texas?

This is a short guide to the principles of law that govern claims for employment discrimination based on disability status.  There are two statutes that apply: the Americans with Disabilities Read More

Viewing 81 - 90 out of 107 posts