In Texas, if you work for a private employer, it is often perfectly legal for the employer to fire you for reporting illegal activity. However, there are some notable exceptions to this general rule. One is section 260A.014 of the Texas Health and Safety Code. This 2011 statute prohibits … [Read more...] about Plaintiff-Friendly Statute Allows Private Whistleblower Claims by Nursing Home Workers
Retaliation
Arbitration Clause in English Signed by Spanish-Speaking Employee: Enforceable?
Here’s a recent arbitration case that will interest employers with Spanish-speaking employees. In Delfingen US-Texas L.P. v Valenzuela, the employee sued the employer for workers’ compensation retaliation. Because the employee had signed an arbitration agreement, the employer filed a motion to … [Read more...] about Arbitration Clause in English Signed by Spanish-Speaking Employee: Enforceable?
2012 Employment Law Highlights: Social Media, Arbitration, and the Top EEO Claim against Texas Employers
2012 brought Texas businesses lots of employment law changes. In case you missed it, here is a short video of my recent talk on the radio program Money for Lunch about some of the highlights, including social media, arbitration, the top EEO claim against Texas employers, and what you can do to … [Read more...] about 2012 Employment Law Highlights: Social Media, Arbitration, and the Top EEO Claim against Texas Employers
In Texas, Can Employers Require Employees to Turn Over Social Media Passwords?
This week, I was on the national Internet radio program Money for Lunch, talking about hot topics in labor, employment, and business law. The first question I was asked was whether, in Texas, an employer can make an employee or potential hire turn over his/her social media password(s). In a word, … [Read more...] about In Texas, Can Employers Require Employees to Turn Over Social Media Passwords?
Top Five Developments in Labor and Employment Law
Mark your calendar: on October 10, 2012, at 12:20 p.m. CST, I'll be on the radio blog program Money for Lunch talking about the top five developments in labor and employment law: 1. Social media 2. Arbitration 3. Workplace investigations 4. Retaliation & whistleblowing 5. Transgender … [Read more...] about Top Five Developments in Labor and Employment Law
The Number One EEO Claim Filed Against Texas Employers: Top Four Tips for Managing the Risk
What is the number one equal employment opportunity (EEO) claim filed against Texas employers? Contrary to what you might think, it is not discrimination based on race, sex, disability, age, national origin, genetic information, or religion. Nor is it sexual harassment or equal pay. According to the … [Read more...] about The Number One EEO Claim Filed Against Texas Employers: Top Four Tips for Managing the Risk
Title VII Caps: Per Person, Not Per Claim
According to the Fifth Circuit, Title VII’s damages caps apply per person, not per claim. In Black v. Pan American Laboratories, LLC, et al., --- F.3d. ---, 2011 WL 2763096 (5th Cir. July 11, 2011) (not yet released for publication), the employee brought 3 claims of sex discrimination and … [Read more...] about Title VII Caps: Per Person, Not Per Claim