For the next week, the biggest story in sports will be the Super Bowl. For the next several months, the biggest story in labor-management relations will be ongoing negotiations with the NFL Owners and the Players Association over a new contract and potentially a lock-out or strike. The negotiations have been contentious and gives suggest that Super
Does Texas Law Recognize a Claim against Competitor’s Poaching of Employee?
Many times one competitor sues another competitor over the hiring or two or more employees (whether over allegations of a breach of contract or misappropriation of trade secrets), the Complaint will make allegations of employee "poaching". This gives rise to the question about whether Texas recognizes a cause of action for one competitor’s poaching of another competitor’s
Super Bowl Teams Set –ESPN Moving to Fort Worth, Texas
By now we know that the Pittsburgh Steelers will play the Green Bay Packers in Superbowl XLV. While most people know the game will be played in Cowboys Stadium, fewer realize that Cowboys Stadium is in Arlington, Texas –not Dallas. Moreover, for the entire week leading up to the Superbowl, ESPN has relocated its
Supreme Court Recognizes Third-Party Retaliation Claims under Title VII
The U.S. Supreme Court announced that employees, who never engaged in protected activity, can bring third-party retaliation claims against their employers when they suffer an adverse employment action due to their connection with a person who has engaged in protected activity.
The facts of Thompson v. North American Stainless are straightforward. In February 2003 North American Stainless was
New Filing Reminds Employers of Employee Protection for Jury Service
Barry Shlachter of the Fort Worth Star Telegram reports today on an employment dispute you rarely see these days. Shlachter profiles a new lawsuit filed by Saginaw resident Corey Gillespie against Dee King Trucking of Amarillo. According to the article, Gillespie (a relatively new employee (and importantly not an independent contractor) with the company) was summoned for jury duty
Employment Bills Enrolled the Week of January 11, 2011
The blog has been updated with bills enrolled in the Texas Legislature the week of January 11, 2011 likely to effect Texas employers. This week’s bills include bills targeted at prohibiting workplace smoking; prohibitions against sexual orientation discrimination; payment of wages through payroll card accounts and a bill to require employers to use the federal
82nd Legislative Session –Texas Employment Bills Enrolled
During the 82nd Texas Legislative Session (beginning today), I will track of bills affecting Texas private employers and will link to those bills here. I intend to update this post weekly to add bills enrolled the previous week and keep a compilation of all employment-related bills here. Check back weekly for updates.
Bills Enrolled
Dallas Court Vacates Arbitration Award in Discrimination Case Because of Arbitrator’s Failure to Disclose Prior Contacts with Party Representative
It is pretty difficult for a party to get an adverse arbitration award reversed or vacated. A recent Dallas Court of Appeals decision shows the rare instance were such a reversal occurred. In Alim v. KBR (Kellogg, Brown & Root) –Halliburton, the Dallas court held that an arbitrator’s failure to disclose, in an employment discrimination, breach of
El Paso Court of Appeals Holds that Employer May Use Mandamus Petition to Challenge Trial Court’s Jurisdiction Where Employee’s Charge of Discrimination was not Timely
The El Paso Court of Appeals held this week that a Texas employer can use mandamus petition to challenge a trial court’s jurisdiction where the plaintiff-employee failed to file his charge of discrimination timely. A link to the opinion is here.
S.B. 314 Prohibiting Chargebacks to Employer Unemployment Benefit Accounts for Benefits Paid to Victims of Sexual Assault
Senate Bill 314 was enrolled in the Texas Legislature and would exclude, from an employer’s unemployment tax account (i.e., no chargeback), unemployment benefits paid to an employee who left employment because he or she (or their immediate family member) is a victim of sexual assault. Bill text here.