Texas Employment Law

Detailed interpretations of the latest employment decisions, reasoned guidance, logical strategies, and winning procedural approaches. Employment discrimination, workplace torts, wage and hour, employment agreements, and more.

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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

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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 Policies

PART 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 Discrimination

VOLUME 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-Oxley

PART 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