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Texas

Dismissal came with warning: No more frivolous suits!

06/10/2019
Good news for employers: More courts are moving swiftly to toss out frivolous lawsuits before their target is even served with the legal paperwork.

Beware wage-and-hour lawsuits that might suddenly turn into class actions

06/10/2019
Here’s another reason to make sure you are carefully following the Fair Labor Standards Act’s overtime rules: Just one disgruntled and allegedly underpaid employee can file a class-action lawsuit and get the court to authorize contacting all other similarly situated workers to join in as plaintiffs.

Warn all bosses against ageist comments, including the most senior executives

06/10/2019
When you train managers and supervisors, be sure to issue this simple warning: It is never appropriate for anyone in a supervisory role to make age-related comments. The problem is even worse when senior executives make age-related statements.

Prepare to pay up when retaliation is alleged

06/10/2019
Even if you win an employment discrimination case, you may end up losing if someone foolishly retaliates against the employee for complaining in the first place.

Take extra care when firing after ADA, FMLA

06/10/2019
Firing an employee who is returning from ADA or FMLA leave is a risky proposition. Make absolutely sure you can justify the termination with legitimate business reasons that have nothing to do with missing work, taking leave or requesting accommodations.

Tyler docs violated ADA by quizzing staff about health

06/10/2019
The physicians who own Pulmonary Specialists of Tyler and Sleep Health must have missed the part of their training addressing that most medical of employment laws: the ADA.

Before signing settlement, consider other filings

06/06/2019
Sometimes, an employee files several discrimination complaints about incidents that are allegedly related. If you’re thinking about settling one complaint, be aware that other, related claims may remain outstanding.

Court: Sexual orientation bias isn’t sex bias

05/31/2019
In a case with an unusual twist, a federal appeals court has ruled that Title VII’s prohibition against sex discrimination doesn’t extend to discrimination based on sexual orientation.

Ignoring interactive process pops Party City’s balloons

05/16/2019
When a team leader at a Party City store in Texas suffered pregnancy complications, her doctor imposed a lifting restriction. But rather than discuss possible workplace accommodations, the store fired her.

Court ruling places new restrictions on noncompete agreements

05/06/2019
Texas courts frequently enforce geographic and other restrictions on a former employee’s ability to compete with his or her prior employer. A recent decision highlights the requirement that any such restrictions, including geographic restrictions, must be reasonable to be enforceable.