Blog
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) [...]
Continue reading this article →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 [...]
Continue reading this article →Category : Blog &Commentary
“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 [...]
Continue reading this article →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 [...]
Continue reading this article →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 [...]
Continue reading this article →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 [...]
Continue reading this article →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 [...]
Continue reading this article →Category : Blog &Commentary
The Equal Employment Opportunity Commission released its statistics on the number and types of charges of discrimination filed with it in 2009. Here they are in order, with the most popular charges listed first: 1. Retaliation 2. Race 3. Sex 4. Age 5. Disability 6. National Origin 7. Religion 8. Equal Pay Act Significant trends for 2009 include [...]
Continue reading this article →Category : Blog &Employment Law News
On March 23, 2010, President Obama signed into law the Patient Protection and Affordable Care Act, which included an amendment to the Fair Labor Standards Act (“FLSA”)–Section 4207–requiring reasonable break time for nursing mothers. Section 4207 requires an employer to provide: “(A) a reasonable break time for an employee to express breast milk for her [...]
Continue reading this article →Category : Blog &Employment Law News
On January 29, 2009, the Lilly Ledbetter Fair Pay Act (“LLFPA”) became law. There was much publicity about it. Businesses fought it. Civil rights groups fought for it. Here’s what it means and why it’s important. It all started with a questionable Supreme Court decision. The Supreme Court decision. In 2007, the United States Supreme Court, [...]
Continue reading this article →Category : Blog &Employment Law News
