Some of you may be surprised to learn that conventional wisdom was that claims arising under the Fair Labor Standards Act (the federal law requiring the payment of minimum wage and overtime to most employees) cannot be released or waived without court or Department of Labor supervision. I certainly thought that until several years ago when I had
Fifth Circuit Rejects Case Asserting Sex-Stereotyping Theory of Sexual Harassment
In another same-sex harassment opinion, the Fifth Circuit reversed a substantial jury verdict in favor of a steel worker who claimed he was subjected to unlawful sexual harassment by his same-sex supervisor.
Woods was employed as an ironworker for the company in 2005. In 2006 he was assigned to work on a crew responsible for repairing
2011-2012 Term U.S. Supreme Court Wrap-Up of Employment Cases
Last week the U.S. Supreme Court ended its 2011-12 Term. Here are summaries of the labor and employment cases decided this term.
Hosanna-Taylor Evangelical Lutheran Church and School v. EEOC, (No. 10-553) (holding that teacher at religious school qualified as a "minister" within the meaning of the ministerial exception to Title VII and therefore
Employee’s Claim for On-the-Job Injuries Against Nonsubscriber Health Care Employer Subject to Texas Medical Liability Act Procedures
When is an employee’s claim for injuries against its nonsubscriber employer occurring in the course and scope of employment a health care liability claim? According to the Supreme Court of Texas, when the employer is a health care provider.
In Texas West Oaks Hosp. v. Williams, Williams was employed by a nonsubscriber psychiatric hospital. Williams was
Texas State Law Age Discrimination Claim Fails Where Employee’s Replacement is Older
The Texas Supreme Court held that an age discrimination plaintiff is never entitled to an inference of age discrimination at the prima facie case where the employee’s replacement is older than plaintiff-employee. In that situation, the plaintiff must establish a prima facie case through direct evidence of age discrimination.
Gloria Garcia (age 48) was terminated
Employment Lawyers Must Document Their Efforts to Recover Attorney’s Fees under Texas Commission on Human Rights Act
Prevailing plaintiffs in employment discrimination, harassment and retaliation cases can recover attorney’s fees their attorney’s incur in prosecuting those claims. In many instances the attorney’s fees sought can exceed the monetary relief the plaintiff obtains and can act as a serious impediment to prompt settlement.
Since most of these cases are done on a contingency
Texas At-will Employees Cannot Prevail on Fraud Claims
Common law employment claims have certain advantages for plaintiffs over statutory discrimination, harassment or retaliation claims. For starters, there are no administrative prerequisites to exhaust and the kinds of damages one can seek for common law claims can sometimes be be more "creative" than the straight forward, capped damages recoverable under statutory claims. In my nonscientific, anecdotal
Supreme Court of Texas Confirms Availability of Punitive Damages in Public Policy Discharge Cases
Texas is an at-will employment state where employees and employers are free to end the employment relationship at any time and almost for any reason. The Texas Supreme Court has created a single public policy exception to the at-will employment rule –the Sabine Pilot wrongful discharge claim. Under that judicially created claim, an employee has a
Supreme Court of Texas Rejects At-Will Employee’s Argument that Agreement to Waive Jury Trial was Coerced
The Texas Supreme Court issued an opinion this morning holding that advising an at-will employee that his employment will be terminated if he does not sign a mutual waiver to resolve disputes without a jury is not unlawful coercion sufficient to sset aside the agreement. If you read this blog frequently, you know I am a big proponent
Court Holds Forfeiture Provision in Executive Stock Incentive Program Unenforcable Noncompete
Covenant not to compete cases normally arise when an employer seeks to enforce a restrictive covenant by having a former employee enjoined from breaching the covenant and working for a competitor. They can also arise when the employee is not expressly prohibited from competing, but is subjected to severe economic penalty if he engages in