Texas Employment Law
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Product description
This new edition of Texas Employment Law updates the governing law on a broad range of substantive topics and includes new forms and appendices to help you work more efficiently. The highlights include:
Thoroughly revised and updated chapters, bringing you current on the law governing:
- Sex Discrimination (Ch. 19)
- Sexual Harassment (Ch. 20)
- Race Discrimination (Ch. 22)
- Age Discrimination (Ch. 23)
- Retaliation (Ch. 26)
- Whistleblower Protection Under Sarbanes-Oxley (Ch. 33)
- Texas Whistleblower Act (Ch. 34)
Expanded coverage of these issues:
Immigration-Related Employment Practices (Ch. 7)
- Statute of limitations for timeliness failures re Form I-9
- ICE worksite enforcement actions
Wages, Hours and Overtime (Ch. 9)
- Damages for emotional injury resulting from retaliation in violation of FLSA
- Issues re: workers who maintain irregular hours
Employment Rules and Policies (Ch. 16)
- Why Texas courts refuse to recognize a claim for “negligent investigation”
- What constitutes “concerted activity” according to the NLRB and Fifth Circuit
TCHRA: Procedures and Remedies (Ch. 18)
- When EEOC’s authority to investigate terminates
- Best practice re: pleading a request for attorney’s fees
Disability Discrimination (Ch. 21)
- Work-site attendance as an “essential function” of the job
- Accommodation process — burdens/responsibilities of employer and employee
Discrimination Based on National Origin, Religion, and Other Grounds (Ch. 24)
- When is a “permissive pretext” instruction appropriate?
- Viability of a claim for retaliatory hostile environment
Family and Medical Leave Act (Ch. 25)
- Eligibility for FMLA leave: H1-b foreign nationals; off-site employees
- Whether a chiropractor can be considered a “health care provider”
New Forms and Appendices, including:
- Original Petition – Libel and Slander (in connection with termination of employment)
- Defendant’s Answer to Plaintiff’s Complaint – ADA
- First Set of Interrogatories to Plaintiff – ADA Failure to Hire Case
- Response To Defendants’ Emergency Motion For Issuance of Letter Rogatory
- Motion for Summary Judgment – FMLA Case; Plaintiff’s Response; Order Denying Motion
Additional forms materials are available from James Publishing; access to those materials can be requested directly from James by following guidelines provided within the eBook or emailing forms@jamespublishing.com.
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Table of contents
PART I
THE EMPLOYMENT RELATIONSHIP
Chapter 1: Employment Relationship Defined
Chapter 2: Written Employment Contracts
Chapter 3: Wrongful Discharge
Chapter 4: Constructive Discharge
[Chapter 5 Reserved]PART II
PRE-EMPLOYMENT ISSUES
Chapter 6: The Hiring Process
Chapter 7: Immigration-Related Employment Practices
[Chapter 8 Reserved]PART III
EMPLOYEE COMPENSATION, SAFETY AND BENEFITS
Chapter 9: Wages, Hours, and Overtime
Chapter 10: Employee Safety and Health
[Chapters 11 through 12 Reserved]PART IV
RECORDS, RULES, AND POLICIES
Chapter 13: Internal Investigations
Chapter 14: Arbitration of Employment Claims
Chapter 15: Employee Records
Chapter 16: Employer Rules and PoliciesPART V
DISCRIMINATION IN EMPLOYMENT
Chapter 17: Employment Discrimination Law—Overview & History
Chapter 18: Texas Commission on Human Rights Act: Procedures and Remedies
Chapter 19: Sex Discrimination
Chapter 20: Sexual Harassment
Chapter 21: Disability DiscriminationVOLUME 2
PART V (cont.)
DISCRIMINATION IN EMPLOYMENT
Chapter 22: Race Discrimination
Chapter 23: Age Discrimination
Chapter 24: Discrimination Based on National Origin, Religion, and Other Grounds
Chapter 25: Family and Medical Leave Act
Chapter 26: Retaliation
[Chapter 27 Reserved]PART VI
WORKPLACE TORTS
Chapter 28: Privacy Issues in the Workplace
Chapter 29: Defamation in the Workplace
Chapter 30: Other Workplace Torts
Chapter 31: Discrimination Claims Under Labor Code Chapter 451
Chapter 32: Protection of Business Interests
Chapter 33: Whistleblower Protection Under Sarbanes-OxleyPART VII
SPECIAL ISSUES RELATING TO GOVERNMENT EMPLOYERS AND GOVERNMENT CONTRACTORS
Chapter 34: Texas Whistleblower Act
Chapter 35: Affirmative Action Obligations for Government Contractors
[Chapter 36 Reserved]PART VIII
SELECTED LITIGATION ISSUES
Chapter 37: Ethical Dilemmas
Chapter 38: Taking the Case
[Chapter 39 Reserved]
Chapter 40: Discovery
Chapter 41: Summary Judgment Practice
[Chapters Reserved]INDEX