texas law

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 […]

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

“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 in the State of Texas and has been enforced with more gusto in the State of Texas than in any other state.  So What does at-will really mean?  How is at-will employment fair to Texas employees? In El Paso, Texas I receive calls almost every

“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

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

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

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

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

On Labor Day President Obama announced that he had issued an executive order that Federal Contractors are now required to provide up to 7 days of paid days of sick time (based on an accrual system for time worked). This order only applies to employers who do Federal Contracts. “Right now, about 40% of private-sector

When suing for discrimination there has long been an issue about what evidence is need to prove discrimination. There has been a notion that many discriminatory statements by supervisors are not evidence of discrimination but are simply what are known as “stray remarks”. This “stray remark” doctrine has allowed Judges to basically eliminate legitimate discrimination