In the wake of the national disasters, most recently the devastation left by Hurricane Helene and Hurricane Milton, it is important to reflect on whether employees in the lone star state have real protections during these disasters. In Texas, private employees enjoy no law-mandated protections for their employment even
Employee Rights
Reemployment Rights of Military Members in the Workplace Under USERRA
This blog dives into general concepts of the Uniformed Services Employment and Reemployment Rights Act (“USERRA”).
USERRA is creature of federal law which provides protection to employees in the military. In general, USERRA provides a guaranteed place of employment upon returning from military leave, which includes service or training.
Exploring the Different Governmental Agencies that Investigate and Enforce Labor and Employment Laws
A great deal of our practice involves interfacing with federal agencies, but they’re not all the same. The National Labor Relations Board (NLRB), the Equal Employment Opportunity Commission (EEOC), and the Department of Labor (DOL) are three distinct federal agencies in the United States, each with different responsibilities related…
Protecting Yourself as an Employee with Invisible Disabilities in Texas
Employees with disabilities face many potential obstacles in the workplace. Having invisible disabilities adds another layer of unique challenges.
Invisible disabilities are conditions that are not immediately apparent to others, such as chronic pain, mental health conditions, or autoimmune disorders. For those with invisible disabilities, your supervisors and colleagues…
A Texas Judge’s Decision to Block the FTC’s Non-Compete Ban:
The recent decision by Judge Ada Brown of the U.S. District Court for the Northern District of Texas in Ryan, LLC v. Federal Trade Commission, No. 3:24-CV-00986-E (N.D. Tex. 2024), has significant implications for employees, particularly those bound by non-compete agreements. As a plaintiff’s employment attorney in Texas…
Who’s Who: OSHA’s Amended Walkaround Rule
On May 31, 2024, the Occupational Safety and Health Administration (“OSHA”) Final Walkaround Rule went into effect. Initially published on April 1, 2024, the new rule amends 29 C.F.R. 1903.8(c). This rule sets forth the guidelines on who is permitted to be present for an OSHA inspection.
What is…
Understanding Mass Layoff Requirements Under the Law: A Guide for Texas Employees
As a plaintiff’s employment lawyer in Austin, TX, I often encounter clients who have been affected by mass layoffs. Understanding your rights and the requirements employers must follow can be crucial during these challenging times. Here’s a guide to help you navigate the complexities of mass layoffs under the…
New EEOC Guidance on Harassment: A Helpful Guidepost for Creating A Safer Workplace
In light of the recently released Equal Employment Opportunity Commission (EEOC) guidance on harassment, Texas employers should think rethink how to design and make modifications to the workplace. With the protection of employees at the forefront, this new guidance outlines over 70 examples of unlawful harassment. It also encompasses…
The FTC’s Final Rule Banning Non-Compete Agreements: A Win forEmployees in Texas
As a plaintiff’s employment attorney, I have seen firsthand the frustrating
impact that non-compete agreements can have on employees. These
agreements often place significant restrictions on employees’ ability to
move freely in their careers and can limit their opportunities for growth
and advancement. The Federal Trade Commission’s (FTC) recent…
Revenge may be a dish best served cold, but it still may be actionable
One of the elements of every retaliation claim is that there must be a “causal link” between the employee’s protected activity and the adverse action. In previous blogs I have talked about the standard for determining whether a materially adverse action has occurred. In this blog, I would like…