As the Texas Workforce Commission (TWC) begins moving through the backlog of unemployment appeals and through the sheer glut of unemployment claims, many claimants that were originally awarded unemployment claims are finding themselves being asked to repay that money. Often times through no fault of their own. Often times based on erroneous reasonings that are contrary to the TWC’s own established precedent. To make matters worse, since it is extremely difficult to contact a representative of…

Texas Employment Lawyer

The New Normal: What Happens When Your Employer Requires the Covid-19 Vaccine?

By Marcos De Hoyos

June 4, 2021

After more than a year since the Covid-19 pandemic struck, many of us are finding that as we return to work, things are slightly off from what they once were. Several employers are requiring facemasks, social distancing, and heightened sanitation, to name just a few. And all for good cause as well. Employers want their employees returning to work, but presumably want to prevent the spread of the virus as well. In light of this,…

Texas Employment Lawyer

What is Exhaustion of Administrative Remedies?

By Colin W. Walsh

May 27, 2021

If a person or company breaches a contract they have, that person or company can be sued immediately in court. If someone gets in a car wreck, in theory, a lawsuit could happen the next day. Ditto if you don’t get paid minimum wage or overtime. But with employment discrimination and retaliation, as with many whistleblower statutes, a lawsuit cannot happen until after administrative remedies have been exhausted. So what does that mean? Basically, exhaustion…

Texas Employment Lawyer

Why is it that servers are bagging up online orders for Uber, DoorDash, etc. and only getting paid $2.13 per hour to do so?

By Robert J. Wiley

May 24, 2021

Recently I was asked, “Why is it that servers are bagging up online orders for Uber, DoorDash, etc. and only getting paid $2.13 per hour to do so?” It certainly doesn’t seem very fair, but is it illegal? Like most things in law, the answer is maybe. This is an example of what happens when old rules about restaurants collide with modern developments. A restaurant can break the law if waiters aren’t paid $7.25 for…

Texas Employment Lawyer

Who pays the attorneys’ fees? Does the “American Rule” Rule?

By Kalandra N. Wheeler

May 20, 2021

In litigation, the American Rule means that in a legal dispute, both parties are responsible for their own attorneys’ fees. No matter who the victor, each party pays their own way. For two large companies with sufficient funds to litigate a matter, this rule may not be very harsh. But, what does this rule mean to employees in the context of employment disputes? In employment disputes, the American Rule may be particularly unfair for an…

Texas Employment Lawyer

Mental Health and Protections under the Americans with Disabilities Act

By Julie St. John

May 14, 2021

May is mental health awareness month. It is designated as such to bring awareness to the importance of mental health and to de-stigmatize mental illness. As an employment lawyer, I believe this effort is of the upmost importance. Mental health should not be looked at any differently than physical health. Our brain is a part of the body. Accordingly, health issues that are associated with the brain should not be treated differently than health issues…

Texas Employment Lawyer

Freyd v. University of Oregon: What does equal work mean under the Equal Pay Act?

By Colin W. Walsh

April 30, 2021

Under the Equal Pay Act, an employer must pay both men and women equally if they perform equal work. That raises the question of what equal work means. The statute itself helps with this question a little bit. The text of the statute states that work is considered equal if the performance of both jobs requires “equal skill, effort, and responsibility” in addition to both jobs being “performed under similar working conditions.” But still, what…

Texas Employment Lawyer

When You Believe Your Employer is Defrauding the Federal Government – Protection from Retaliation

By Julie St. John

April 23, 2021

The federal government is at a risk of fraud because of contracts it makes with and resources it provides to private companies. For example, the federal government contracts with private construction companies to work on federally funded development projects. Another example is money paid to private health care providers as a result of Medicare and Medicaid claims. Unfortunately, it can be difficult for the federal government to detect fraud. That is where the False Claims…

Texas Employment Lawyer

The Beginning of the End: The Current Status of the Families First Coronavirus Care Act and Your Rights Under It

By Marcos De Hoyos

March 12, 2021

After nearly a year of darkness, there is finally a light. We are all on the verge of receiving the Covid-19 vaccine and finally (and responsibly) breaking out of our year-long quarantine. But, what if the worst happens? What if, as you wait for your approaching vaccine appointment, you feel a tingle in your throat; you lose your sense of smell and/or taste; you start to develop a fever; and you realize that, chances are,…

Texas Employment Lawyer

How do you show a causal link between an adverse action and protected activity in retaliation claims?

By Colin W. Walsh

March 5, 2021

In order to make a viable retaliation claim, a plaintiff must generally have evidence of each element of a what is called a prima facie case. The phrase prima facie simply means “on first impression.” In the employment law context, a prima facie case means the basic elements of a claim that, if true, give rise to an inference of discrimination or retaliation. So for a retaliation claim, a plaintiff must usually show the following…

Texas Employment Lawyer

Discrimination, Retaliation, Wrongful Termination, and Unpaid Wages

Blog Authors

The Appeal Process for an Unemployment Claim at the TWC

The New Normal: What Happens When Your Employer Requires the Covid-19 Vaccine?

What is Exhaustion of Administrative Remedies?

Why is it that servers are bagging up online orders for Uber, DoorDash, etc. and only getting paid $2.13 per hour to do so?

Who pays the attorneys’ fees? Does the “American Rule” Rule?

Mental Health and Protections under the Americans with Disabilities Act

Freyd v. University of Oregon: What does equal work mean under the Equal Pay Act?

When You Believe Your Employer is Defrauding the Federal Government – Protection from Retaliation

The Beginning of the End: The Current Status of the Families First Coronavirus Care Act and Your Rights Under It

How do you show a causal link between an adverse action and protected activity in retaliation claims?

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