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
Texas Law Limits Employer’s Ability to Prohibit CHL Employees From Possessing Firearms in Company’s Parking Lots
Since the shooting this weekend in Newtown, Connecticut, I have received several questions regarding a Texas employer’s right to ban or prohibit firearms on company property. Without debating the wisdom of such a decision or the likelihood that the mentally ill who generally participate in mass shooting will abide by those restrictions, Texas law generally
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
Handling Texas Noncompetes After Marsh USA (Part 2)
In Part 1, I covered some thoughts on enforcing noncompetition agreements in Texas following the Texas Supreme Court’s new decision in Marsh USA. Today I’m addressing some tips that employees (and their representatives) who are asked to sign or are attempting to bust a noncompetition agreement might consider.
Prior to signing the agreement, negotiate everything
Handling Texas Noncompetes After Marsh USA (Part 1)
Yesterday, Ryan Miller and I were invited to speak at the Tarrant County Bar Association’s Labor and Employment Section luncheon. Our topic was the recent changes to Texas noncompete jurisprudence. A copy of the Power Point presentation we jointly presented can be accessed here.
For my contribution, I presented some thoughts on the practical effect the Marsh USA
Governor Perry Closes Loophole on Theft of Service Law
Governor Perry signed SB 1024 eliminating a loophole that previously existed for a criminal theft of service charge. Under prior law, a party obtaining services from another under a promise to pay could avoid a criminal charge of theft of service so long as the party was making minimal payments. According to the bill’s analysis:
Theft of wages occurs when
More Thoughts on Marsh USA v. Cook: Fundamental Changes in Texas Noncompete Law
I’ve had a chance to reread and digest the Marsh USA opinions over the weekend. For those looking for easy ways to set aside or void noncompetition agreements in Texas, Marsh USA is strike three. (Strike 1, Strike 2). The Texas Supreme Court has, in the past five years, taken Texas from
Newly Enrolled Bills Effecting Texas Employers
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
Texas to Consider Loser Pays System of Civil Justice
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