Seyfarth Synopsis: At the state level, Texas law does not require employers to provide family leave to employees. However, a newly enacted law provides that if a Texas employer chooses to offer time off to employees to help...more
Seyfarth Synopsis: As employers begin to pick up the pieces following Hurricane Harvey, management will likely encounter questions about employee pay, benefits, and leaves of absence during and after this disaster, and may...more
Seyfarth Synopsis: The U.S. Fifth Circuit Court of Appeals recently held for the first time that the continuing violation doctrine applies even when a plaintiff was subject to harassment that was severe enough to put the...more
Seyfarth Synopsis: In a decision that is sure to increase the costs and complexity of litigation, the Texas Supreme Court recently held that a former employee’s common law assault claim was not preempted by the state’s...more
3/2/2017
/ Appeals ,
Commission on Human Rights ,
Common Law Claims ,
Dismissals ,
Employer Liability Issues ,
Negligent Supervision ,
Preemption ,
Sexual Assault ,
Sexual Harassment ,
State Law Claims ,
TX Supreme Court
Seyfarth Synopsis: In a somewhat rare interlocutory appeal, the Fifth Circuit reviewed and reaffirmed a 40-year old case holding that emotional distress and punitive damages are not available under the ADEA. This decision...more
Resolving a split in the lower courts and deciding an issue of first impression for the Court, the Fifth Circuit earlier this week held that prevailing plaintiffs in FLSA retaliation cases may recover emotional distress...more
Introduction to Texas’ “Open Carry” Law -
A new law became effective earlier this year in the Lone Star State, making Texas’ broad gun-rights laws even more permissive. Before January 1, the only firearms Texas citizens...more
The U.S. Court of Appeals for the First Circuit recently sided with an ever-increasing line of cases clarifying the type of payments that may be added to a fixed salary without violating the fluctuating workweek method...more
In the wake of Houston’s recent flooding, countless businesses closed their doors, and many individuals are coping with homes in disrepair.
Texas employers wondering whether they must pay workers for lost time during...more
In the beginning, the U.S. Supreme Court decided in Genesis Healthcare that an FLSA case is moot when the plaintiff accepts an offer of full relief. As we noted in our previous blog, the decision left open, however, the...more
In 2011, the U.S. Supreme Court held in Kasten v. Saint-Gobain Performance Plastics Corp., that oral complaints of a violation of the Fair Labor Standards Act can constitute protected activity under the FLSA’s...more