Issues related to whether individuals are independent contractors or employees receive significant attention by employers and governmental entities because of the critical impact of misclassification. The U.S. Department of...more
11/9/2022
/ Caregivers ,
Civil Rights Act ,
Control Test ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Employment Litigation ,
Home Health Agencies ,
Home Health Care ,
Home Healthcare Workers ,
Independent Contractors ,
Misclassification ,
Proposed Rules ,
Title VII ,
Wage and Hour
The question of who provides workers’ compensation insurance in employer–staffing company relationships is handled in different ways. Frequently, the staffing company will provide workers’ compensation coverage for all...more
For many years, an oft-litigated question concerned whether a former employee was owed the commissions on sales made prior to the employee’s discharge from employment. Sometimes employment agreements were clear on the issue,...more
Navigating the unemployment benefit administrative process under the Texas Unemployment Compensation Act can be difficult for employers. The act limits the type of conduct that may disqualify a claimant from receiving...more
Employers recognize that the Fair Labor Standards Act (FLSA) requires that they pay nonexempt employees overtime wages for all hours worked in excess of 40 hours in a workweek. Additionally, the FLSA imposes recordkeeping...more
The Texas Commission on Human Rights Act (TCHRA) prohibits discrimination in employment based on sex. The state law defines “sex discrimination” to include “discrimination because of or on the basis of pregnancy, childbirth,...more
3/15/2021
/ Appeals ,
Civil Rights Act ,
Commission on Human Rights ,
Employer Liability Issues ,
Employment Litigation ,
Human Rights ,
Motion to Dismiss ,
Pregnancy Discrimination ,
Retaliation ,
Sex Discrimination ,
Title VII
Addressing performance issues of employees who are on leave under the Family and Medical Leave Act (FMLA) can present challenges for employers. An employer may discover, for instance, that prior to going out on FMLA leave, an...more
Texas law allows for the enforcement of covenants not to compete that impose reasonable restrictions on competition. Texas courts frequently enforce geographic and other restrictions on a former employee’s ability to compete...more
On November 16, 2018, the Third Court of Appeals in Austin, Texas, entered a temporary injunction blocking the implementation of the paid sick leave ordinance that the Austin City Council passed in February 2018. The court of...more
The ecclesiastical abstention doctrine can provide religious institutions with protection from employment-related lawsuits. Based upon the religious freedom amendments contained in the U.S. and Texas constitutions, this...more