Another legislative session ended with few changes affecting Texas employers on the labor and employment law front. One bill that did become law is one that prohibits the sexual harassment of unpaid interns. The law creates an offense if the employer’s agents or supervisors know or should have knowledge of conduct constituting sexual harassment was
Texas Statutory Damages Caps Need Not Be Pled As Affirmative Defense
In a non-employment case that is nonetheless important for labor and employment lawyers, the Texas Supreme Court has held that statutory damage caps under the Texas Civil Practice and Remedies Code need not be plead as an affirmative defense by the defendant. While the case applies to the damage caps of Chapter 41 of the
U.S. Supreme Court Wrap-up of Employment Law Cases 2014-15 Term
This past term saw the Supreme Court issue four opinions in labor and employment cases. In case you missed them, the following is a brief summary of the holdings from those cases.
EEOC v. Abercrombie & Fitch Holding that Title VII’s prohibition against refusing to hire an applicant to avoid accommodating a religious practice that
Fifth Circuit Orders Award of Attorney’s Fees to Texas Employer Against DOL in Overtime Case
It’s a rare day with the U.S. Department of Labor is assessed attorney’s fees against it for bringing a suit against an employer in bad faith. However, in Gate Guard v. Secretary of Labor, the Fifth Circuit Court of Appeals ordered that a trial court award attorney’s fees to a Texas employer in a
New Overtime Rules to be Proposed as Early as This Week
President Obama has announced that a soon to be released proposed rule from the U.S. Department of Labor will include an increase in the minimum salary necessary for an employee to qualify as an exempt employee. Under the proposal announced by @POTUS today, by 2016, employers will have to pay exempt employees a minimum or
Texas Governor Signs Open Carry Law –Employers Have Time to Prepare
Beginning in 2016, licensed individuals can openly carry handguns on their person. Prior to the implantation of the law, Texas law required that license holders carry their handguns in a concealed manner. HB 910 authorizes individuals with a license to carry a handgun to openly carry their handguns in all locations that allow the licensed
Texas Employers Should Educate Themselves on Dealing with Transgender Employees
Diane Sawyer’s primetime interview with Bruce Jenner where he confirmed that he is transgender, and more closely identifies with the female rather than male gender, has raised awareness on the issues that affect these individuals. An estimated 19 million people watched the two hour interview. There are an estimated 700,000 transgender individuals in the United
I Quit! Constructive Discharge Serves as Substitute for Adverse Employment Action
An essential element of most employment discrimination claims is that the employee suffered an adverse employment action. An employee who resigns often has difficulty making out a prima facie case of discrimination. An exception to this general rule is where the employee suffers a constructive discharge. Stated another way, where the employee can prove that the
Texas Employee Awarded $11.6M by Austin Jury in Defamation Case
It’s a rare day in Texas where a single-plaintiff employment case results in a seven or eight figure jury verdict. However, as the Austin Business Journal recently reported,Microsoft was hit with an $11.6M jury verdict in a defamation case filed by a former employee falsely accused of sexually harassing a Microsoft contractor.
Defamation cases
Ebola Discovered in Texas: What Employers Need to Know
As every national news program has announced, the Ebola virus has been diagnosed in a North Texas patient. This is the first diagnosed case of Ebola in the United States. According to reports, the Liberian national traveled from Liberia through Brussels, Washington D.C., to Dallas, Texas where he was eventually diagnosed with the virus. Given that