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 detail...
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”...
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 ro...
Non-Subscribers—Tort Liability for Work-Related Accidents—Failure to Provide Necessary Instrumentalities—Employee Knowledge of Risk—Advance Tire and Wheels, LLC v. Enshikar, 527 S.W.3d 4...
New Mexico recently added a new rule of civil procedure for wrongful death claims. Section 1-105 provides that certain notice provisions are to be provided statutory beneficiaries.
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Texas Supreme Court provides guidance on video use in workers’ comp case
When can video footage serve as evidence in a personal-injury suit that arises from a workplace accident? That...
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 prescripti...
Mir v. L-3 Communications Integrated Systems, L.P., 2017 U.S. Dist. LEXIS 185426 (N.D. Tex. 2017). There was an issue of fact precluding summary judgement with respect to the plaintiff’s...
EEOC v. BDO USA, L.L.P., 2017 U.S. App. LEXIS 23067 (5th Cir. 2017). The EEOC subpoenaed certain documents and the employer asserted that some of the documents were protected by the atto...
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Jan 22, 2018 •
Mr. Roger Davie •
EEOC Claims •
1 min read
Atkins v. Southeast Community Health System, 2017 U.S. App. LEXIS 21729 (5th Cir. 2017) (unpublished). The plaintiff’s Title VII retaliation claim failed as a matter of law because the t...
Barrett v. American Airlines, Inc., 2017 U.S. App. LEXIS 21336 (5th Cir. 2017) (unpublished). After completing administrative proceedings the plaintiff filed a Chapter 21 discrimination ...
Title VII—Exhaustion of Administrative Remedies—What Constitutes a “Charge.” Gonzales v. Pan American Laboratories, LLC, 2017 U.S. Dist. LEXIS 173899 (N.D. Tex. 2017). The pl...
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