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Texas

Employment Lawyer Network:
Texas

Michael W. Fox (Editor)

Texas Employment Law

Michael.Fox@OgletreeDeakins.com
(512) 344-4711

Click for Full Bio

Michael W. Fox, Esq., of Ogletree Deakins in Austin, has more than 30 years of experience representing employers. He has been Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization since 1980 and is a Fellow in the College of Labor and Employment Lawyers. He has been regularly listed in the Best Lawyers in America in Labor and Employment Law, as a Texas Monthly ’Super Lawyer’ in employment litigation.

You can alter job description for worker on FMLA leave

10/01/2006

When employees return from FMLA leave, you’re required to restore them to the same position or a comparable one. That requirement might make you hesitant to make any changes to employees’ jobs or conditions of employment while they’re out on FMLA leave. However, a new court ruling shows that you can make minimal changes to a job description without worrying about FMLA violations …

Employer not liable for manager’s unforeseen safety breach

09/01/2006

If one of your company’s supervisors knowingly ignores a safety rule, can OSHA hold the company liable? OSHA has long argued "yes" and has moved against employers on the premise that if the supervisor knows he’s violating the rules, then the company also knows …

Workers face high hurdle proving ‘Constructive discharge’

09/01/2006

Sometimes, employees who believe they’re being harassed or discriminated against feel the situation is so bad that they’re forced to quit. This is called "constructive discharge" …

Isolated racist comments won’t always be discrimination

09/01/2006

You know the workplace should be free of racially or sexually charged comments and that supervisors most certainly shouldn’t engage in such banter. But you can’t wipe prejudice out of every employee’s mind …

Block firing-Bias charge by documenting business reason

09/01/2006

Several statutes protect pregnant employees from discrimination and retaliation. But those laws don’t guarantee employees’ permanent job security …

Bias complaints can be ‘Filed’ after 180 days

09/01/2006

If you’re like most employers, you breathe a little easier when 180 days have passed since you discharged an employee. You know that’s how long fired workers have to file a complaint with either the EEOC or the Texas Workforce Commission if they are bringing a claim under the Texas Labor Code …

Health care employers: Negligent hiring harder to prove

09/01/2006

A recent Texas Court of Appeals case is good news for employers who run health care facilities, such as mental health centers. Reason: Patients who claim that the facility negligently hired employees who subsequently assaulted the patient will have to meet the very stringent rules on the Texas Medical Liability and Insurance Improvement Act …

Texas workers are optimistic about job availability, security

09/01/2006

The Texas Employee Confidence Index recently reached a high for 2006. The index, which measures adult workers’ confidence in their personal employment situation, hit 62.7 in July, up from 60.7 in June and 58.4 in May …

Survey: Fertility coverage won’t spike employers’ costs

09/01/2006

Ninety-one percent of employers that provide coverage for fertility treatment haven’t experienced a related increase in their medical costs, according to a new survey of 900 employers by Mercer Health and Benefits …

New grants to help build skilled biotech work force

09/01/2006

Gov. Perry announced $3 million in grants to five programs aimed at building a skilled work force to meet the needs of Texas’ growing biotech and life science industry. The grants are the first awarded under the Meeting Industries’ Critical Workforce Needs grant program …