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ADA

Addiction and the ADAMy Boss Cannot Keep Their Story StraightReasonable Accommodations: A Tale of Two Statutes

Age discrimination

Mass layoffs: What must your employer do?An employer’s failure to comply with the plain language of its own policy is enough to raise a genuine dispute of material fact as to the true reason for firing an employee.Failure to retain other older employees, Plaintiff who was 66, another who was 60, and two other older employees, after “outsourcing,” while retaining younger employees bolsters an inference of pretext.

Alternative Dispute Resolution

Complications that Result from Alternative Dispute Resolution Procedures

Arbitration

What is Arbitration?

At-Will

Is What’s Mine Actually Theirs?: Explaining Employee Work Product Wanting vs. Needing: Figuring Out Retaliation ClaimsJob Hopping: A Quick Phenomenon, or a Change in the Job Market Tide?

Black History Month

Confirmation Hearing or Political Grandstanding?Life Imitating Art: Colin in Black and WhiteBlack History Month – Celebrating the Path

Breach of Contract

Job Hopping: A Quick Phenomenon, or a Change in the Job Market Tide?Can I Get Paid for My On Call Time?How Can I Get My Unpaid Commissions?

Cat's paw

Unpacking the Claws of Cats Paw TheoryEvidence that co-employee or manager misrepresented employment test results that may have been caused by employee’s disability shows disability animus that may be imputed to company to show pretext because employer relied on that misrepresentation to terminate plaintiff.

clinic

The Texas Health and Safety Code: An Often Forgotten Tool in Helping Texas Workers

Collective Bargaining Agreements

They Shoot, They Score: What the World Cup Means for Pay ParityCertifying only part of a store can satisfy the Community Interest Test.

Commissions

How Can I Get My Unpaid Commissions?

Compensatory Damages

Mental Anguish Damages in Texas and the Fifth Circuit

Concultation

Consult with an Attorney Before Deciding Whether to Fight or Walk Away

Constitutional Law

Remembering the Death of a Constitutional RightNever Forget Atlantis Sank and Camelot Failed: An Optimist’s Guide to NowA Steeper Hill: The Effects of Justice Amy Coney Barrett’s Appointment on Employer Rights

Constructive Discharge

Constructive Discharge: Are your working conditions so intolerable that a reasonable person would resign?

Consultation

Find an attorney you trust. Then, listen.

COVID-19

You can’t make me go back! Or . . . can you?A Complicated Relationship: Covid-19 and Disability DiscriminationReasonable Accommodations: A Tale of Two Statutes

Current Events

The WGA Writers Strike: A Showing of Solidarity and the Power of UnionsWorker’s Rights in Texas Are at a CrossroadsMarch Madness Again! Discussing Student Athlete Compensation in Light of NCAA v. Alston

Defamation

Fake News: Libel and Defamation Per SeDefamed: The Reality of a Blockbuster

Department of Labor

Department of Labor Issues New Regulations for Tipped Employees

Disability

Is Pregnancy Protected Under the Americans with Disabilities Act?Addiction and the ADAFair Trials for Employees with Intellectual Disabilities

Disability discrimination

Say Yes to the Dress…Code?Holidays and Parties and Drinking, Oh My!Fair Trials for Employees with Intellectual Disabilities

Discrimination

Addiction and the ADASay Yes to the Dress…Code?Holidays and Parties and Drinking, Oh My!

EEOC

A Complicated Relationship: Covid-19 and Disability DiscriminationStanding After DeathWhat is Exhaustion of Administrative Remedies?

emergency paid sick leave

Worker’s Rights in Texas Are at a CrossroadsThe Beginning of the End: The Current Status of the Families First Coronavirus Care Act and Your Rights Under It

Employee breaks

OSHA Should Adopt a National Heat Standard to Protect WorkersA triable issue exists as to whether a disabled employee could perform his job with or without accommodation when the requested accommodation would eliminate, even temporarily, his physical limitation.

Employee Rights

Toxic Relationships: When your ball and chain is your noncompete.Worker’s Rights in Texas Are at a CrossroadsHouston, We Have a Problem: Understanding Hostile Work Environments and Employee Rights"

Employment Contracts

Toxic Relationships: When your ball and chain is your noncompete.Is What’s Mine Actually Theirs?: Explaining Employee Work Product Can Your Employer Fire You For Moonlighting

Employment Discrimination

Is Pregnancy Protected Under the Americans with Disabilities Act?Say Yes to the Dress…Code?Holidays and Parties and Drinking, Oh My!

Ethics

Self-Care: The Life of an Employment Attorney, Not That of a SuperheroA Call for Kindness

Expedited Action

Changes to the Texas Rules of Civil Procedure Allow for More Expedited Actions

Failure to hire

An employer’s proffer of its own policy is not competent in itself as evidence the policy was followed.When pleading knowledge, it is enough to plead simply that the bad actor knew and this this precipitated the bad acts.A plaintiff’s own assertions about his official job duties can plausibly establish that his actions were outside the course and scope of his job duties.

Fair Pay

Understanding the Difference Between an Independent Contractor and EmployeeMarch Madness Again! Discussing Student Athlete Compensation in Light of NCAA v. AlstonThey Shoot, They Score: What the World Cup Means for Pay Parity

Federal Constitution

A Steeper Hill: The Effects of Justice Amy Coney Barrett’s Appointment on Employer RightsCommon Misconceptions Regarding Free Speech

Federal Rules of Civil procedure

Motion to Dismiss v. Motion for Summary Judgment

FFCRA

The Beginning of the End: The Current Status of the Families First Coronavirus Care Act and Your Rights Under It

Firm Event

The stuff that dreams are made of The 2022 NELA Convention in San Francisco

First Amendment

Common Misconceptions Regarding Free Speech

FLSA violations

Understanding the Difference Between an Independent Contractor and Employee“Quiet Quitting”: Setting appropriate boundaries at work and the legal protections you may have to do soWhy is it that servers are bagging up online orders for Uber, DoorDash, etc. and only getting paid $2.13 per hour to do so?

FMLA

Is Discouraging FMLA Leave Unlawful Interference?Can I really be fired while on FMLA leave?When the Silence is Broken, and the Secret is Out. (Part 2)

FMLA violations

Toxic Relationships: When your ball and chain is your noncompete.Worker’s Rights in Texas Are at a CrossroadsHouston, We Have a Problem: Understanding Hostile Work Environments and Employee Rights"

Fraud

Mass layoffs: What must your employer do?Can I Get Paid for My On Call Time?When You Believe Your Employer is Defrauding the Federal Government - Protection from Retaliation

GameStop

If You’ve Enjoyed a Bunch of Reddit Users Working Together Against Institutional Investors, You Should Consider Organizing a Union

Gender discrimination

Say Yes to the Dress…Code?Freyd v. University of Oregon: What does equal work mean under the Equal Pay Act?An employee can demonstrate pretext where other individuals that assisted with her complaint also experience an adverse employment action.

Government Employees

Texas must change the Texas Whistleblower Act to protect whistleblowersYe Olde Qui TamRecent Texas Whistleblower Act Decision from the Dallas Court of Appeals

Grievance Procedures

Recent Texas Whistleblower Act Decision from the Dallas Court of Appeals

Halloween

Hauntings and Hankerings A Look at Haunted Houses and Vampires Through Employment Law

healthcare workers

The Texas Health and Safety Code: An Often Forgotten Tool in Helping Texas Workers

History

Meet our new summer Intern, Evan Skinner! Part 2Meet our new summer Intern, Evan Skinner! Part 1Ye Olde Qui Tam

hospital

The Texas Health and Safety Code: An Often Forgotten Tool in Helping Texas Workers

Hostile Work Environment

Houston, We Have a Problem: Understanding Hostile Work Environments and Employee Rights"Say Yes to the Dress…Code?The Hostile Work Environment

Immunity/Affirmative Defense

The Fifth Circuit has ruled that Texas Charter Schools are not arms of the StateAn Employee’s Duty to MitigateSubmission of online application by Plaintiff authorizing prior employers to provide full details of past employment does not waive a mutual non-disparagement provision of a settlement agreement.

Imputing Improper Motive

An employer’s proffer of its own policy is not competent in itself as evidence the policy was followed.When pleading knowledge, it is enough to plead simply that the bad actor knew and this this precipitated the bad acts.Evidence that co-employee or manager misrepresented employment test results that may have been caused by employee’s disability shows disability animus that may be imputed to company to show pretext because employer relied on that misrepresentation to terminate plaintiff.

Independent Contractor

Department of Labor’s New Proposed Regulations Pose a Threat to Employee Rights

Leave

Toxic Relationships: When your ball and chain is your noncompete.Worker’s Rights in Texas Are at a CrossroadsHouston, We Have a Problem: Understanding Hostile Work Environments and Employee Rights"

Legal Writting

How Hard Is it To Get Your Day In CourtBasic outline of removal and remanding a caseMotion to Dismiss v. Motion for Summary Judgment

Libel

Fake News: Libel and Defamation Per Se

Litigation

The Fifth Circuit has ruled that Texas Charter Schools are not arms of the StateMotion to Dismiss v. Motion for Summary JudgmentMy Boss Cannot Keep Their Story Straight

Mass Layoffs

Mass layoffs: What must your employer do?Expecting the Unexpected: Mass Layoffs and Workers’ Rights Under the WARN Act

Mediation

Complications that Result from Alternative Dispute Resolution Procedures

Minimum Wage

Understanding the Difference Between an Independent Contractor and Employee“Quiet Quitting”: Setting appropriate boundaries at work and the legal protections you may have to do soDepartment of Labor Issues New Regulations for Tipped Employees

Motion Practice

How Hard Is it To Get Your Day In CourtBasic outline of removal and remanding a caseMotion to Dismiss v. Motion for Summary Judgment

National Labor Relations Act

The WGA Writers Strike: A Showing of Solidarity and the Power of Unions“Quiet Quitting”: Setting appropriate boundaries at work and the legal protections you may have to do soIf You’ve Enjoyed a Bunch of Reddit Users Working Together Against Institutional Investors, You Should Consider Organizing a Union

National origin

Say Yes to the Dress…Code?Evidence that plaintiff was fired for not signing a form that was not required in the past, coupled with prima facie case, shows pretext.Non-racial name-calling based on plaintiff’s reaction to alleged discriminatory acts is evidence of discrimination.

NELA

The stuff that dreams are made of The 2022 NELA Convention in San Francisco

Non-Compete Agreement

Toxic Relationships: When your ball and chain is your noncompete.Federal Trade Commission’s Proposed Ban on Non-CompetesCan Your Employer Fire You For Moonlighting

OSHA

World Cup Woes: An Examination of the Working Conditions in Qatar

Overtime claims

Understanding the Difference Between an Independent Contractor and EmployeePlanes, Trains, Automobiles, and the Outside Sales ExemptionDepartment of Labor’s New Proposed Regulations Pose a Threat to Employee Rights

Pregnancy discrimination

Is Pregnancy Protected Under the Americans with Disabilities Act?Women Who are Trying to get Pregnant are Protected from Discrimination under Texas LawPregnancy discrimination can occur when the employee is terminated three months after the birth as long as there is some relation to the termination and pregnancy.

Pretext

An employer’s failure to comply with the plain language of its own policy is enough to raise a genuine dispute of material fact as to the true reason for firing an employee.Failure to retain other older employees, Plaintiff who was 66, another who was 60, and two other older employees, after “outsourcing,” while retaining younger employees bolsters an inference of pretext.Evidence that the hiring decisions were based on subjective considerations such as, “looking for…a candidate…to kind of complement [him]” or “felt that [the successful] applicant would be a good instruction leader for her teachers,” may be pretext for age discrimination.

Professionalism

A Call for Kindness

Quantum Meruit

Mass layoffs: What must your employer do?Can I Get Paid for My On Call Time?How Can I Get My Unpaid Commissions?

Qui Tam

Ye Olde Qui Tam

Qui Tam

Ye Olde Qui Tam

Race Discrimination

Say Yes to the Dress…Code?Holidays and Parties and Drinking, Oh My!Never Forget Atlantis Sank and Camelot Failed: An Optimist’s Guide to Now

Religion discrimination

Say Yes to the Dress…Code?Holidays and Parties and Drinking, Oh My!Wearing My Crown Proudly – Your Tradition is Not My Tradition

Retaliation

Just asking, Is that protected activity?How do you show a causal link between an adverse action and protected activity in retaliation claims?The Texas Health and Safety Code: An Often Forgotten Tool in Helping Texas Workers

Retaliation

Is Pregnancy Protected Under the Americans with Disabilities Act?Wanting vs. Needing: Figuring Out Retaliation ClaimsReprimands and transfers to crappy positions can be unlawful retaliation

Severance agreements

Mass layoffs: What must your employer do?Layoffs and Severance AgreementsA severance agreement that does not mention of overtime claims, hours, or wage amounts, does not compute alleged overtime hours worked to which the release applies, and does not refer to any dispute about overtime wages is not an enforceable release of FLSA rights.

Sex Discrimination

Is Pregnancy Protected Under the Americans with Disabilities Act?Say Yes to the Dress…Code?So, your boss wants to pay the sexes differently for the same work

Sexual Harassment

Holidays and Parties and Drinking, Oh My!Sexual Harassment in Texas: Number of Employees No Longer a DefenseWhat to do if You are the Victim of Discrimination at the Workplace

Slander

Fake News: Libel and Defamation Per Se

Summary Judgement

Motion to Dismiss v. Motion for Summary Judgment

Supreme Court

Remembering the Death of a Constitutional RightPending SCOTUS Cert. Petition: Can employees of government contractors be forced to arbitrate whistleblower retaliation claims under 41 U.S.C. § 4712?Confirmation Hearing or Political Grandstanding?

Texas Health and Safety Code

The Texas Health and Safety Code: An Often Forgotten Tool in Helping Texas Workers

Texas Payday Law

World Cup Woes: An Examination of the Working Conditions in QatarCan I Get Paid for My On Call Time?How Can I Get My Unpaid Commissions?

Texas Rules of Civil Procedure

Changes to the Texas Rules of Civil Procedure Allow for More Expedited Actions

Texas State Constitution

Common Misconceptions Regarding Free Speech

Texas Workforce Commission

Wait, Do I Need a Lawyer for This? Texas Workforce Commission Unemployment HearingsThe Appeal Process for an Unemployment Claim at the TWCWhat is Exhaustion of Administrative Remedies?

Tip pool

Why is it that servers are bagging up online orders for Uber, DoorDash, etc. and only getting paid $2.13 per hour to do so?Department of Labor Issues New Regulations for Tipped Employees

Tipped Employees

Tipped Employees: How to Properly Calculate your Regular Rate Pay for Overtime PurposesWhy is it that servers are bagging up online orders for Uber, DoorDash, etc. and only getting paid $2.13 per hour to do so?Shortchanged: Wage Theft and Your Rights Under the FLSA

Tips

Tipped Employees: How to Properly Calculate your Regular Rate Pay for Overtime PurposesWhy is it that servers are bagging up online orders for Uber, DoorDash, etc. and only getting paid $2.13 per hour to do so?Shortchanged: Wage Theft and Your Rights Under the FLSA

Title VII

World Cup Woes: An Examination of the Working Conditions in QatarWanting vs. Needing: Figuring Out Retaliation ClaimsMy Boss Cannot Keep Their Story Straight

Trial Experience

How Hard Is it To Get Your Day In CourtFair Trials for Employees with Intellectual DisabilitiesBasic outline of removal and remanding a case

Unemployment

Grieving a Job LossEnding the Toxic (Employment) RelationshipWait, Do I Need a Lawyer for This? Texas Workforce Commission Unemployment Hearings

Unpaid wages

Planes, Trains, Automobiles, and the Outside Sales ExemptionWhy is it that servers are bagging up online orders for Uber, DoorDash, etc. and only getting paid $2.13 per hour to do so?How Can I Get My Unpaid Commissions?

Vote

Election Time Again: Every Vote CountsThe Value of Your Vote – Get Out and Vote

WARN Act

Mass layoffs: What must your employer do?Expecting the Unexpected: Mass Layoffs and Workers’ Rights Under the WARN Act

Whistleblower claims

Texas must change the Texas Whistleblower Act to protect whistleblowersYe Olde Qui TamRecent Texas Whistleblower Act Decision from the Dallas Court of Appeals

Wrongful termination

Can Your Employer Fire You For MoonlightingJust asking, Is that protected activity?An Employee’s Duty to Mitigate

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About the Texas Employment Lawyer Blog

The Texas Employment Lawyer Blog is maintained by  Texas Employment Attorneys Kalandra Wheeler and Colin Walsh, and serves as a resource for employees with the goal of protecting the rights of individuals facing discrimination and unfair employment practices in Texas. If you need someone to give you a voice, we also provide consultations to assist in your employment issue.

The attorneys responsible for this the Texas Employment Lawyer blog are Kalnadra Wheeler, principle place of business Houston, Texas, and Colin Walsh, principle place of business Austin, Texas.