Category Archives: Texas

Fifth Circuit Establishes “Snapshot” and Contemporaneous Documentation Requirements for Employers

The Fifth Circuit recently issued a decision that impacts joint employer liability, perceived disability under ADAAA and the dangers of revisiting employee performance reviews. Michael Maslanka, a regular contributor to Texas Lawyer, wrote an article last month called, “L&E Plaintiff … Continue reading

Posted in ADA, ADAAA, Disabilities, Employee Policies & Procedures, Employment Contracts, HR, Joint-Employer, Performance Reviews, Texas | Leave a comment

Court Rulings Reiterate that Employers Should Review and Revise Best Practices for Drug-Free Workplace Programs

Employers have many reasons for requiring employees to submit to drug and/or alcohol testing, both as a part of pre-employment screenings, and as a condition for continued employment in the workplace.

Posted in Discrimination, Drug-Free Workplace, Texas, Uncategorized | Leave a comment

Texas Federal Court Specifies That Disabled Employees Must Ask For An Accommodation

In November 2014, a Federal Court in Houston issued a significant opinion related to employees requiring an accommodation for a disability. In Sumpter v. American Bottling Company et. al., the court held that an employee seeking an accommodation must explain … Continue reading

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Bass Pro Shops Appeals Order Permitting EEOC To Litigate For Anonymous Class Members

The Southern District of Texas certified a recent decision in a class action and pattern or practice case between the Equal Employment Opportunity Commission and Bass Pro Outdoor World, LLC (known as “Bass Pro Shops”) for interlocutory appeal.  After denying … Continue reading

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Court-Reformed Non-Compete Agreements can Impose Serious Liability on Employers

A Texas employer trying to enforce a non-compete agreement learned the hard way that Texas Courts may reform the agreement to more reasonable terms and then award the employee his attorneys’ fees at the end of trial.  This is exactly … Continue reading

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Other States Whistleblower Laws Accommodate Internal Reports To Supervisors. Texas Law Does Not.

On February 22, 2013, the Texas Supreme Court handed down two decisions reinforcing the restrictive nature of Texas’ whistleblower statute.  The Texas whistleblower statute has an “undeniable focus on law enforcement” and only a report to someone who has the … Continue reading

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Is An English Arbitration Agreement Unconscionable If The Employee Only Speaks Spanish?

The case of Delfingen US-Texas L.P. v Valenzuela, No. 08-12-00022-CV (Texas Ct. of Appeals, 8th Dist. Feb. 6, 2013), provides employers with something to consider when entering into employment agreements with employees that speak a language other than English.  More … Continue reading

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Texas Court of Appeals Denies Employee Special Right of Privacy for Facebook Posts

The Texas Court of Appeals for the Second District recently upheld the dismissal on summary judgment of an invasion of privacy claim brought by a former employee in Roberts v. CareFlite, Case No. 02-12-00105-CV (October 4, 2012).  In doing so, … Continue reading

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Texas Supreme Court Finds That Ledbetter Act Does Not Apply To State Law Claims

In Prairie View A&M v. Chatha, Case No. 10-0353, the Texas Supreme Court found that claims under the Texas Commission on Human Rights Act (“TCHRA”) must be brought within 180 days of the date the claimant was informed of the compensation … Continue reading

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Texas Supreme Court Upholds Jury Waiver

On March 9, 2012, the Texas Supreme Court ruled that an employer’s advising an at-will employee that his employment would be terminated if he did not sign a mutual waiver to resolve disputes without a jury was not unlawful coercion.  More … Continue reading

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