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News Wrongful Termination, Workers' Compensation and Work Injuries

Who is your employer if you work for a Staff-Leasing or Temporary employment Agency?

Written by Mr. Roger Davie on Thursday, 27 Aug 2015.

The National Labor Relations Board (NLRB) today handed down an opinion that changes the question of who is your employer?  At issue was the definition of a joint-employer. Employers over the past several decades have moved to hire employees through staff-leasing companies, temporary employment agencies and sub-contractors.  In this case the NLRB stated stated that these types of employees are now joint-employees which reflects the real world situation the these employees find [read more]

Texas Supreme Court rules that Punitive Damages Available to Truck Driver who refused to drive a company truck that was not in compliance with all Department of Transportation regulations.

Written by Mr. Roger Davie on Thursday, 27 Aug 2015.

Texas Supreme Court rules that Punitive Damages Available to Truck Driver who refused to drive a company truck that was not in compliance with all Department of Transportation regulations. Texas has only one public policy exception to the at-will employment doctrine.  That policy is known as the Sabine Pilot exception states that an employer cannot be terminated for refusing to do an illegible act.  In this case a truck driver was terminated when he refused [read more]

Minimum Wage, Overtime Rules Apply to Home Health Workers

Written by Mr. Roger Davie on Friday, 21 Aug 2015.

Since 1974 Federal Law under the Fail Labor Standards Act Exempted Home Care Workers from wage and overtime requirements.  However the U.S. Court of Appeals for the District of Columbia ruled that the Department of Labor has the right to change that exemption.   The Court found that when the exemption was first in place Home Health Care Workers were primarily hired by individual families to care for the elderly.  However, the Court noted that today Home Health Care&nbs [read more]

Texas Supreme Court Rules Houston anti-discrimination law must be repealed or put to a vote.

Written by Mr. Roger Davie on Tuesday, 18 Aug 2015.

In Texas it is legal for an employer to discriminate against and employee because he or she is gay.  Unlike many states Texas does not protect individuals from discrimination based upon their affinity.  Theoretically a Texas employer could fire an employee simply because he or she is gay.  Most Texans of course are good people who, while they might not agree with someone else's lifestyle, would not want to discriminate against the person because of their lifestyle.   [read more]

The 19th Amendment to the US Constitution turns 95 today (Right of Women to Vote)

Written by Mr. Roger Davie on Tuesday, 18 Aug 2015.

"The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex."  19th Amendment Ratified August 18, 1920. It is hard to believe that prior to 1920 most women in the United States were not allowed to vote.  It has been a mere 95 years since this Amendment was ratified and became a part of the US Constitution.  It would not be until 42 years later on July 2, 1964 that congress would pass the Tit [read more]

absent a specific agreement to the contrary,employment may be terminated by the employer or the employee at will, for good cause, bad cause, or no cause at all

Written by Mr. Roger Davie on Thursday, 13 Aug 2015.

"For well over a century,the general rule in this State has been that absent a specific agreement to the contrary,employment may be terminated by the employer or the employee at will, for good cause, bad cause, or no cause at all.” This statement regarding at-will employment has been the law [read more]

Public Transportation workers are protected from Retaliation for refusing to drive in unsafe conditions or an unsafe vehicle under the National Transit Systems Security Act (NTSSA)

Written by Mr. Roger Davie on Monday, 10 Aug 2015.

Public Transportation workers are protected from Retaliation for refusing to drive in unsafe conditions or an unsafe vehicle under the National Transit Systems Security Act (NTSSA) 6 U.S.C. §1142. In general, NTSSA covers employees of a public transportation agency or its contractors or subcontractors if the public transportation agency provides regular and continuing general or special transportation to the public (e.g., public subway, commuter rail or bus systems). (Employees of pr [read more]

Public Transportation workers are protected from Retaliation for refusing to drive in unsafe conditions or an unsafe vehicle under the National Transit Systems Security Act (NTSSA)

Written by Mr. Roger Davie on Monday, 10 Aug 2015.

Public Transportation workers are protected from Retaliation for refusing to drive in unsafe conditions or an unsafe vehicle under the National Transit Systems Security Act (NTSSA) 6 U.S.C. §1142. In general, NTSSA covers employees of a public transportation agency or its contractors or subcontractors if the public transportation agency provides regular and continuing general or special transportation to the public (e.g., public subway, commuter rail or bus systems). (Employees of pr [read more]

A truck driver who reports safety violations or refuse to drive under unsafe conditions cannot be fired in retaliation under the STAA ACT.

Written by Mr. Roger Davie on Wednesday, 01 Jun 2016.

Surface Transportation Assistance Act (STAA) Many truck drivers in  El Paso, Texas  and Las Cruces New Mexico do not realize that they have protection if they report safety violations or refuse to take a load under unsafe conditions cannot be retaliated against.  Truck drivers have rights under the STAA Act. Under this statute. What kind of activities are covered by STAA? 1. Refusals to drive when you are  is tired or the load is uns [read more]

Retaliation for filing a workers' compensation claim

Written by Mr. Roger Davie on Sunday, 02 Aug 2015.

Can your employer fire you when you get injured on the job? If your employer carries Texas Worker's Compensation the Texas Labor Code States: A person may not discharge or in any other manner discriminate against an employee because the employee has: (1) filed a workers' compensation claim in good faith; (2) hired a lawyer to represent the employee in a claim; (3) instituted or caused to be instituted in good faith a proceeding under Subtitle A; or (4) testified or i [read more]