Commentary
The general rule in Texas. The general rule in Texas is, absent an employment contract for a term or limiting an employer’s right to terminate, an employment-at-will exists, meaning an employee can be terminated for a good reason, a bad reason or no reason at all, so long as it is not an unlawful reason. [...]
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Federal employment law is a patchwork. Our federal employment laws are a patchwork of prohibitions and requirements enacted in fits and spurts in response to pressing perceived problems. Perhaps if, like Justinian, a former president had commissioned the best and brightest to recommend a comprehensive set of employment laws, our current law would be more rational [...]
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The most violated employment law. It has been said the Fair Labor Standards Act (“FLSA”)–the federal wage and hour law–is the most violated employment law in the country, and I believe it. It is a law that we as employment lawyers see even the largest, most well-informed companies routinely violating.
Good intentions not enough. The reason? The FLSA is [...]
Category : Blog & Commentary
People are usually shocked to learn how little protection there is for whistleblowers in the workplace. There is protection, however, for whistleblowers working for hospitals, mental health facilities and any other treatment facilities in Texas.
Who is protected. Employees and persons who are not employees (such as physicians with privileges, though it is not limited to them) are [...]
Category : Blog & Commentary
The Great Recession seems to have spawned an increase in commission disputes. This could be because money is tight and employers are looking for reasons not to pay their employees, or it may be that more people are out of work and can now assert such claims without fear of losing their jobs. Whatever the [...]
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“Am I entitled to overtime if I’m a salaried employee?” I get this question a lot. The question arises from an understandable misunderstanding of wage and hour laws, principally the Fair Labor Standards Act (“FLSA”).
How your employer classifies you is irrelevant. That your employer has classified you as salaried does not mean you are not entitled [...]
Category : Blog & Commentary
What makes a “good” sexual harassment? Obviously, no sexual harassment is good, but when it comes time for an attorney to decide whether to gamble his time and money on a case, some cases are better bets than others.
What makes a good sexual harassment case is not necessarily intuitive. Sexual harassment law, while based on [...]
Category : Blog & Commentary
The Family & Medical Leave Act (“FMLA”) provides important protections for employees. Here is a general overview of what the FMLA means for you as an employee, but keep in mind the FMLA is considerably more detailed than what I’ve given you here.
Employer coverage. The FMLA only applies to employers with 50 or more employees [...]
Category : Blog & Commentary
Employment law is not always rational. For example, in Texas, except in limited circumstances, an employee can be terminated for reporting illegal conduct. Ridiculous I know, but our legal system is not designed to provide a remedy for every wrong, only those Congress or the State legislature has chosen to address.
One area where Texas got it right is in protecting employees [...]
Category : Blog & Commentary
The Texas Unemployment Compensation Act provides benefits for qualified individuals in Texas who lose their jobs. When an individual files an unemployment claim with the Texas Workforce Commission, the TWC will obtain a response from the company and make a preliminary determination. If the company or individual is unhappy with that decision, the case will then [...]
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