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Latest from Texas Employment Lawyer
Department of Labor’s New Proposed Regulations Pose a Threat to Employee Rights
On September 22, 2020, the Department of Labor (DOL) announced a new proposed rule that would, if it becomes final, change the test the DOL uses to determine if a worker is an “independent contractor” or an “employee” under the Fair Labor Standards Act (FLSA). The result of this proposed rule change will inevitably be that thousands of employees will be reclassified as independent contractors under the FLSA. The FLSA is the federal law mandates…
Complications that Result from Alternative Dispute Resolution Procedures
In a previous blog post I wrote about arbitration. As a reminder, arbitration is essentially an alternative venue to litigate claims – a private venue companies are often willing to pay a lot for because it keeps disputes out of the public record and tends to be more favorable to employers. In this blog I will talk about how some companies go even further by requiring employees to not only agree to arbitration, but to…
Circumstantial Evidence is just as Good as Direct Evidence
I hear it all of the time during consultations. A potential client will tell me about the discrimination they have experienced at work. They will describe how they were the only member of a protected class (age, race, sex, disability, religion, national origin, color) who applied for a promotion and that in fact, they were the only one qualified for the position, but they didn’t get it. “You know,” they will continue, “I can’t think…
Social Media and Employment – “But that’s private, right?”
Recent Texas Whistleblower Act Decision from the Dallas Court of Appeals
On August 27, 2020, the Fifth Court of Appeals of Texas at Dallas reversed the dismissal of Fernando Herrera’s Texas Whistleblower case against Dallas Independent School District. In doing so, it ordered the case back to the trial court for further proceedings.
The lawsuit alleges DISD terminated Mr. Herrera because he complained to Child Protective Services (“CPS”) about suspected child abuse by other DISD teachers. The lawsuit was initially filed in June 2018 in Dallas…
The Hostile Work Environment
We have a lot of potential clients come to us because they are working in what they consider to be a hostile work environment. Their boss yells at them, belittles them, intimidates them, mocks them, etc. Sometimes this treatment is constant. Sometimes this treatment is intermittent but extreme. But generally speaking, these are not petty slights or simple annoyances; it is something more. Overall, these employees are working in an environment a reasonable employee…
Are you really an independent contractor?
Can I really be fired while on FMLA leave?
Common Misconceptions Regarding Free Speech
