A Resource for Texas Employers
In an issue of first impression, the U.S. Court of Appeals for the Fifth Circuit (the federal appellate court hearing cases from Texas), held that the Uniformed Services Employment and Reemployment Rights Act (USERRA) provides no cause of action for a hostile work environment that is created because of a service member’s military service.
The Plaintiffs, in Carder…
Its getting near the end of the time to sponsor bills for consideration during this Texas legislative session. Here are the most recently enrolled bills potentially effecting Texas employers.
HB 2609 (Guillen) (relating to employment at or by certain facilities serving the elderly or persons with disabilities)
HB 2695 (Davis) (relating to acquiring Human Health…
According to the New York Times, Texas will consider whether to adopt a "loser pays" rules for civil cases. The rule, similar to the English Rule, would that require the losing party in a civil case to pay the attorney’s fees and costs of the prevailing party. It is unclear whether this rule, if passed…
Federal law prohibits private employers from terminating the employment of or discriminating with respect to employment against an individual because the individual is or was a debtor under the Bankruptcy Code. In a recent decision of the U.S. Court of Appeals for the Fifth Circuit, the appellate court held that the anti-discrimination provisions of the…
The U.S. Supreme Court recently considered the circumstances when an employer may be liable for employment discrimination based on the unlawful, discriminatory animus of an employee who influenced, but did not make, an ultimate employment decision. This theory is commonly referred to as the Cat’s Paw theory derived from fable about the monkey who convinces the cat…
I’ve written several posts advocating the advantages of employer’s use of waivers of jury trials to resolve employment disputes with employees. (See posts here and here). To recap, the mutual waiver of jury trial provides the employer and employee a fair way to resolve employment disputes without some of the disadvantages that other forms…
