Plaintiffs’ lawyers work tirelessly to protect employee rights, battling employers who often prioritize their own interests over those of their workers. Big business needs you in their workforce. Still, they know workers need employment, and the lure of the job is enticing when faced with the
FMLA violations
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…
Disability Discrimination by Association: Know Your Rights Under the ADA
The Americans with Disabilities Act (ADA), first enacted in 1990, represents a landmark in civil rights legislation, aimed at prohibiting discrimination against individuals with disabilities in various areas of public life, including employment, public accommodations, transportation, and telecommunications. Its overarching goal is to ensure that people with disabilities have…
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…
Staffing Agencies and Sexual Harassment, Liability Can Attach
Amended Sexual Harassment Laws in Texas
Prior to 2021, sexual harassment claims against employers in Texas were quite limited. Newly enacted laws in 2021 expanded protections for employees asserting sexual harassment claims. Almost all employers may now face liability for these types of claims, including employers with only one…
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…
21 and 7: Magic Numbers for Employees Over the Age of 40
After signing a severance agreement, employees are understandably eager to be paid the funds they are owed. That’s why many employees are often frustrated to hear that they will not be paid immediately signing a severance. For workers over 40, there’s a very specific legal reason for this.
The…
I’ll See You In Court! After I Exhaust Administrative Remedies
Employment is a really unique area of law. In Texas and federally, you cannot go straight to filing a lawsuit against your employer after they have violated your rights. This is how employment law seriously differs from, say, personal injury, where you could file a lawsuit pretty immediately.
In…
Understanding the Nursing Practice Act’s Anti-Retaliation Protections
Introduction
In nursing, anti-retaliation laws can play a pivotal role in shaping professional conduct, ensuring patient safety, protecting nurses, and maintaining the integrity of the nursing profession. One critical provision is the Texas Occupations Code § 301. This chapter, called the Nursing Practice Act, enumerates legal protections for nurses…
Putting a Lid on Injustice: The Fight to Un(c)ap Damages in Discrimination Suits
This past week, the Equal Remedies Act of 2024 was introduced by Representatives Suzanne Bonamici (D-OR), Robert “Bobby” Scott (D-VA), and Senator Edward Markey (D-MA). The Act is an effort to end injustice.
In 1991, lawmakers put in place caps on the damages employees can be awarded after being the victims of unlawful discrimination and…