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Texas

State High Court nixes sky-high attorneys’ fees, says $450K for a $100K judgment is too much

07/31/2012
The Texas Supreme Court has dealt a blow to attorneys representing employees in Texas. While employers that lose a lawsuit are supposed to pay the employee’s attorneys’ fees, there are limits to how high those fees can go.

OK to lay off worker who took FMLA leave as long as that’s not a factor in the decision

07/31/2012
Once an employee has used up FMLA and other leave, requiring employees to show up and get their work done is a reasonable expectation. In the following case, the court reasoned that the employer could consider attendance when deciding personnel cuts, as long as it didn’t use FMLA leave as a factor.

Texas Supreme Court clarifies: It’s not age bias if new worker is older than the original

07/31/2012
The Texas Supreme Court has just made it much easier for employers to avoid age discrimination claims. In what the court calls a “true replacement case” under the Texas Commission on Human Rights Act, an older worker must show that she was replaced by a younger worker.

How not to treat a learning-disabled employee

07/31/2012
Here’s a cautionary tale for super­­visors who have a learning-disabled subordinate. Do all you can to accommodate the employee and don’t let co-workers—or anyone in the workplace—make fun of disability traits.

Aftermath of an affair: Beware harassment

07/31/2012
You can’t stop all romantic entanglements at work, but you can and should make sure the post-affair fallout doesn’t disrupt the workplace.

Can employee who resigned collect unemployment?

07/03/2012
Q. Is an employee who resigns entitled to receive unemployment compensation under Texas law?

Does Texas have any unusual protected classes?

07/03/2012
Q. Other than race, ethnicity, national origin, religion, sex, age and disability, are there any other protected classifications under Texas law that might limit an employer’s right to terminate an at-will worker employed?

Supreme Court: Pharmaceutical reps exempt from FLSA OT rules

07/03/2012
The U.S. Supreme Court in June ruled that pharmaceutical sales representatives are indeed outside salespeople under the terms of the Fair Labor Standards Act in a case that could have far-reaching effects on other wage-and-hour issues.

Was Plano dismissal a layoff–or age bias?

07/03/2012
An electrician with 25 years of service to the Plano Independent School District has sued, alleging he was fired because of his age, not because the district needed to cut staff.

Longview nursing home slapped with retaliation suit

07/03/2012
A Tyler nurse is suing the nursing home where she once worked, claiming she was fired in retaliation for filing an EEOC complaint.