Navigating the unemployment benefit administrative process under the Texas Unemployment Compensation Act can be difficult for employers. The act limits the type of conduct that may disqualify a claimant from receiving...more
On March 10, 2021, the Texas Fourth Court of Appeals affirmed the District Court of Bexar County’s entry of a temporary injunction preventing the City of San Antonio’s sick and safe leave ordinance from taking effect. The...more
Employers recognize that the Fair Labor Standards Act (FLSA) requires that they pay nonexempt employees overtime wages for all hours worked in excess of 40 hours in a workweek. Additionally, the FLSA imposes recordkeeping...more
The Texas Commission on Human Rights Act (TCHRA) prohibits discrimination in employment based on sex. The state law defines “sex discrimination” to include “discrimination because of or on the basis of pregnancy, childbirth,...more
3/15/2021
/ Appeals ,
Civil Rights Act ,
Commission on Human Rights ,
Employer Liability Issues ,
Employment Litigation ,
Human Rights ,
Motion to Dismiss ,
Pregnancy Discrimination ,
Retaliation ,
Sex Discrimination ,
Title VII
Employers understand they have an obligation to investigate complaints of workplace misconduct. However, communications made during internal investigations are not totally without risk....more
11/13/2020
/ Actual Malice ,
Appeals ,
Corporate Counsel ,
Defamation ,
Dismissals ,
Elder Abuse ,
Employee Misconduct ,
Internal Investigations ,
Qualified Privilege ,
Risk Management ,
Summary Judgment ,
Workplace Investigations
On August 6, 2019, in State of Texas v. Equal Employment Opportunity Commission, the U.S. Court of Appeals for the Fifth Circuit ruled that the Equal Employment Opportunity Commission (EEOC) overstepped its limited rulemaking...more
8/9/2019
/ Administrative Procedure Act ,
Adverse Impact ,
Appeals ,
Business Necessity ,
Civil Rights Act ,
Criminal Background Checks ,
Criminal Records ,
Employer Liability Issues ,
Enforcement Guidance ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Job Applicants ,
Lack of Authority ,
National Origin Discrimination ,
Notice and Comment ,
Race Discrimination ,
Title VII
Texas law allows for the enforcement of covenants not to compete that impose reasonable restrictions on competition. Texas courts frequently enforce geographic and other restrictions on a former employee’s ability to compete...more
On November 16, 2018, the Third Court of Appeals in Austin, Texas, entered a temporary injunction blocking the implementation of the paid sick leave ordinance that the Austin City Council passed in February 2018. The court of...more
The ecclesiastical abstention doctrine can provide religious institutions with protection from employment-related lawsuits. Based upon the religious freedom amendments contained in the U.S. and Texas constitutions, this...more
In Equal Employment Opportunity Commission v. LHC Group Inc., the Fifth Circuit Court of Appeals evaluated a trial court’s grant of summary judgment to an employer on an employee’s disability discrimination claims. In...more