texas law

Americans with Disabilities Act—Prescription Medications—Drug Testing

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 …

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It is very dangerous to secretly record a conversation you are not a party to; in fact it is probably a felony!

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 …

It is very dangerous to secretly record a conversation you are not a party to; in fact it is probably a felony! Read More »

Texas Supreme Court holds that “Sex Talk” between same sex employees by itself is not discrimination

Alamo Heights Independent School District v. Clark, 544 S.W.3d 755 (Tex. 2018) The Texas Supreme Court stated that harassment is illegal “discrimination” only if it is “because of” sex or some other protected characteristic. The Court held that harassment that is merely “about” sex is not, standing alone, sex “discrimination.” Thus sex talk that is …

Texas Supreme Court holds that “Sex Talk” between same sex employees by itself is not discrimination Read More »

Truck drivers are not allowed overtime if their trucks are over a certain weight, but they, not the employer must prove the weight of the vehicles.

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 …

Truck drivers are not allowed overtime if their trucks are over a certain weight, but they, not the employer must prove the weight of the vehicles. Read More »

5th Cir. says that making ageist comments to employees is no evidence of discrimination — again!

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 LEXIS 12646 (5th Cir. 2018) (unpublished).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, …

5th Cir. says that making ageist comments to employees is no evidence of discrimination — again! Read More »

5th Circuit says employer who tried to PIMP out female employees was not liable because employee had no damages.

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 …

5th Circuit says employer who tried to PIMP out female employees was not liable because employee had no damages. Read More »

When can an employer be held liable for the acts of employees when the employee injures someone else?

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), …

When can an employer be held liable for the acts of employees when the employee injures someone else? Read More »

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