Tag Archives: Texas

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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November 2014 Recent Jury Verdicts and Settlements

Our summary of recent jury verdicts and settlements for November 2014.

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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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$10.2 Million Awarded to States to Fund Worker Misclassification Detection and Enforcement

Last month, the U.S. Department of Labor issued a press release announcing that $10.2 million had been awarded to 19 states to implement or improve worker misclassification initiatives.

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Texas Suit Against EEOC Dismissed; Texas Will Appeal

U.S. District Judge Sam R. Cummings axed Texas’ suit against the EEOC on August 20, 2014, issuing an Order holding that there was no subject-matter jurisdiction for the suit.  On August 25, 2014, Texas filed a Notice of Appeal, indicating its … Continue reading

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5th Circuit Says Franchisor’s Advice Does Not Create An Employment Relationship

In a recent decision, the U.S. Court of Appeals for the Fifth Circuit provided franchisors with some ammunition in employment suits raised by a franchisee’s employees.  In a Fair Labor Standards Act claim raised by a franchisee’s employee in Texas, … 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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In Texas, EEOC Intake Questionnaire Is Truly Supplemental And Not To Be Considered In Determining A Charge’s Scope

In Lopez v. Texas State Univ. (Tex. App. – Austin, April 20, 2012), the Texas Court of Appeals found that an EEOC intake questionnaire should not be considered when determining the scope of an administrative charge.  A copy of the  opinion … Continue reading

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