By dholmes | Published February 26, 2013 | Posted in The NLRA and Non-Union Employees | Leave a comment
Search Site
Author Archive
dholmes
The National Labor Relations Act Can Protect Non-Unionized Employees
The National Labor Relations Act is best known for regulating unions, strikes, and collective bargaining. It is administered by the National Labor Relations Board. Given that relatively few Texas employees belong to unions, the NLRA receives little attention from most Texas employment lawyers. However, the NLRA is not limited to members of unions. Section 7 Read More
Read MoreNew Texas Rule of Civil Procedure 169 and Employment Cases
On February 12, 2013, the Texas Supreme Court approved Rule 169 of the Texas Rules of Civil Procedure, which provides for expedited proceedings in cases that involve less than $100,000.00 (including damages, penalties, pre-judgment interest, and attorneys’ fees). The new rule applies only to cases filed on or after March 1, 2013. An accompanying change Read More
Read MoreWhen Is an Employee Entitled to Overtime in Texas?
Texas does not have its own statute requiring the payment of overtime to employees of private companies. Instead, private sector employees in Texas are covered by the federal Fair Labor Standards Act (FLSA). The Texas Government Code provides that most government employees are entitled to overtime in accordance with the FLSA. Here are the answers to Read More
Read MoreFirst Court of Appeals: Sovereign Immunity Does Not Bar a Suit for Breach of a Severance Agreement with a Government Unit
Guy Rankin was the CEO of the Harris County Housing Authority. He had a written employment contract with the Authority. In 2012, the Authority agreed to buy out his contract. Rankin and the Authority entered into a new contract providing for a one-time severance payment. The Authority did not make the severance payment, and Rankin Read More
Read MoreFifth Circuit Finds That a “Fried Chicken” Joke Was Racist
The Fifth Circuit’s decision in Autry v. Fort Bend Independent School District, No. 11-20639 (5th Cir. Jan. 7, 2013), raised eyebrows for reasons that had nothing to do with its ultimate outcome. The plaintiff (who is black) claimed that he was denied a promotion due to racial discrimination. The School District acknowledged that it hired a Read More
Read MoreFifth Circuit Finds Evidence of Pretext in a Supervisor’s Expression of Animus Against Older Employees and Applies the “Cat’s Paw” Rule
The Fifth Circuit is often unsympathetic to appeals from summary judgments against employees in discrimination cases. However, on February 1, 2013, we saw an exception, when the Fifth Circuit overturned a summary judgment in Chambers v. Sodexo, Inc., No. 12-60232 (5th Cir. Feb. 1, 2013) (not for publication). This was an age discrimination case. The plaintiff Read More
Read MoreDoes the “Mixed Motive” Rule Apply in Title VII Retaliation Cases? The Supreme Court Will Decide.
In January 2013, the United States Supreme Court granted review in a case that could determine whether a plaintiff can win a Title VII retaliation claim under a “mixed motive” theory. To explain the significance of this development, it is useful to start by examining the legal rules for retaliation claims. Suppose that a Title Read More
Read MoreTexas Supreme Court: No Prima Facie Case When the Plaintiff Is Replaced by an Older Worker
The Texas Supreme Court has decided few employment discrimination cases. One of the most significant cases that the Texas Supreme court has decided is Mission Consolidated Independent School District v. Garcia, 372 S.W.3d 629 (Tex. 2012). This was an age discrimination case decided under Chapter 21 of the Texas Labor Code. (For some peculiar reason, Read More
Read MoreTexas Supreme Court: Reporting Illegal Activity to a Supervisor Does Not Satisfy the Whistleblower Statute
The Texas Supreme Court decided two cases today that address whistleblower rights under the Texas Whistleblower Act. The Act provides protections for whistleblowers who work for the state government. Normally, a suit against a state government entity would be barred by sovereign immunity. The Act provides an exemption from sovereign immunity and allows a whistleblower suit, but only if Read More
Read MoreA Quick Guide to the Family and Medical Leave Act
The Family and Medical Leave Act (FMLA) is the federal statute that guarantees employees the right to unpaid leave in the event of certain family and medical issues. This can be an important right for many employees, and it can also be a source of significant liability to employers. Both employers and employees should seek Read More
Read More
