Are Non-Competes Enforceable in Texas?
- posted: Mar. 22, 2013
- Non-Competes
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?
- posted: Mar. 17, 2013
- Recent Developments 2013,  Trade Secrets
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?
- posted: Mar. 16, 2013
- Trade Secrets
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
- 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
- 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
- posted: Mar. 15, 2013
- Recent Developments 2013,  Whistleblower Rights
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.
- posted: Mar. 14, 2013
- Recent Developments 2013
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
- posted: Mar. 12, 2013
- Recent Developments 2013,  Age Discrimination
Gonzalez v. City of San Antonio, No. 12-50472 (5th Cir. March 12, 2013) (unpublished), is yet another case that shows the weight that the Fifth Circuit is giving to selection Read More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
- posted: Mar. 12, 2013
- Sports Labor Law
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?
- posted: Mar. 08, 2013
- Disability Discrimination
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