texas law

Barnard v. L-3 Communications Integrated Systems L.P., 2017 WL 3726764 (N.D. Tex. 2017)—This case is an example of a growing issue in employment: drug testing for lawful prescription medications. The Americans with Disabilities Act does not prohibit drug testing for “illegal” drug use. Moreover, it allows post hiring medical examinations and inquiries that are job […]

The highest criminal court in Texas (equal to the Texas Supreme Court — The Court of Criminal Appeals); held that it was a felony for a parent to get her child to sneak into a locker room and record the half-time speech. Now it must be noted that the child did not stay and in

Employees subject to certain Department of Transportation standards under the Motor Carrier Act are exempt from the FLSA’s overtime requirements, but the exemption depends on details including the weight of the vehicle a driver operates. The Fifth Circuit held that a plaintiff driver bears the burden of proving the weight of the motor vehicle, and

Gonzales v. Wells Fargo Bank, N.A., 2018 U.S. App. LEXIS 12646 (5th Cir. 2018) (unpublished). The 5th Circuit Court of Appeals states that if your supervisors tells you that you reminded him of his elderly, deceased mother is not evidence of age discrimination. This is in a long line of cases where the 5th Cir,

Davenport v. Edward D. Jones & Co., L.P., 891 F.3d 162 (5th Cir. 2018) the 5th Court held that trying to PIMP out a female employee was not a tangible benefit lost by the female employee because she refused to be “whored out”. This case involves the question whether a supervisor’s offer of an extra

The Federal Courts of Appeals continue to make it difficult to prove that you are discriminated against even when they make racist statements. The way that the 5th Circuit Court continues to allow employers to get away with racism is by using the doctrine of “stray remarks”. Stray remarks is the doctrine that just a

The law states that when an employee is acting in the course and scope of his or her employment and injures another person that person can sue not only the employee but the employer also. This is known as the doctrine of Respondeat Superior. In the case of the City of Houston v. Lal, (2020),

Arbitration agreements are documents that employees are forced to sign when they start work (usually they don’t even get a good chance to read them) that require employees to waive a jury trial and go to a judge who is paid by the employer. They are very common in Texas and the Texas Supreme Court