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Texas Employment Law

Publisher: James Publishing

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ISBN: 9781945421303
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Texas Employment Law

Texas-Specific Answers to Employment Law Questions

The first and best place to look for employment advice is Laura Franze's Texas Employment Law. It provides well-supported answers to both common and difficult questions, annotating its suggestions with 3,800 cases and 156 forms.

The book includes over 60 substantive discovery and pleading forms, omission-preventing checklists and outlines, time-saving letters, authoritative jury instructions, dispute-avoiding employment agreements, and artfully-drafted motions. There are nine well-supported chapters covering all types of employment discrimination – disability, sexual harassment, FMLA, race, sex, and age. It also includes substantive and procedural analysis of the Texas Commission on Human Rights Act and its remedies, over 150 pages on workplace torts, with comprehensive coverage of interference with business interests, violations of business covenants, trade secret and privacy issues, defamation, negligence, intentional infliction of emotional distress, fraud and more. Authoritative coverage of the traditional issues of wages, hours, and overtime, along with safety and health, employee benefits, unemployment compensation, employer record-keeping and internal policies. Additionally, Texas Employment Law includes the law of employment agreements – written, oral, and implied. Constructive discharge and the Sabine Pilot doctrine. Proper and improper methods of employee selection. Employment-oriented immigration laws and much more.

The first and best place to look for employment answers is Laura Franze's Texas Employment Law Authoritative guidance is provided in this detailed analysis of local and federal cases and statutes covering: Employment contracts, Wages, hours & overtime, Employee safety & health, Immigration issues, Pension, Health & welfare benefits, Privacy issues, FMLA Wrongful discharge, Constructive discharge, Sexual harassment, Disability discrimination, Race, sex, and age discrimination, Arbitration of employment claims, and a thorough discussion of whistleblower protection under Sarbanes-Oxley, as well as practical advice on the impact of the law for employers and employees.

The following companies turn to Texas Employment Law for answers to their employment questions: Albertsons, Amoco, Arco, AT&T, Bank One, Bank United of Texas, Blockbuster, Burlington Northern Santa Fe, Comerica Bank, Conoco, DART, DFW International Airport, Dr. Pepper / Seven Up, Fujitsu America, Greyhound Lines, La Quinta Inns, Mothers Against Drunk Driving, Nokia, Shell, Southwestern Bell, and many more.

Texas Employment Law provides detailed interpretations of the latest employment decisions and offers reasoned guidance, logical strategies and winning procedural approaches to help attorneys maneuver through the maze of new cases and opportunities.

Texas Employment Law has a long history of providing a thorough and detailed analysis of the legal issues that impact Texas employment lawyers. The latest edition continues this tradition. In updates to ten different chapters, the authors bring you current on a broad range of employment-related issues, including:

•   An employer's liability for hiring an individual who has been convicted of a criminal offense.
•   Penalties for civil paperwork violations in connection with the employment eligibility verification process.
•   Jurisdiction over the filing of complaints of immigration-related employment discrimination pursuant to §274A of the Immigration and Nationality Act.
•   New DOL rules and regulations, which narrowly define "companionship services" in 29 U.S.C. §213(a)(15) and limit the ability of so-called third-party employers, such as home care agencies, to claim this exemption.
•   The "relation back rule" and its impact on the statute of limitations for filing a TCHRA claim.
•   Factors to consider in determining whether an individual is "substantially limited" in a major life activity.
•   The impact of the ADAAA on the "regarded as" disability standard.
•   The impact of the Supreme Court's decision in Nassar on claims brought under the TCHRA.
•   The meaning of "national origin" for discrimination purposes.
•   How courts are dealing with claims of discrimination based on an individual's criminal record; sexual orientation; or military service.
•   The responsibility of joint employers for FMLA leave.
•   Whether expert testimony is required to establish incapacity under the FMLA.
•   Whether the "mailbox rule" is sufficient to establish that an employee received the required FMLA "eligibility notice."

Table of Contents

Employment Relationship Defined
Written Employment Contracts
Wrongful Discharge
Constructive Discharge
The Hiring Process
Immigration-Related Employment Practices
Wages, Hours, and Overtime
Employee Safety and Health
Internal Investigations
Arbitration of Employment Claims
Employee Records
Employer Rules and Policies
Employment Discrimination Law—Overview and History
Texas Commission on Human Rights Act: Procedures and Remedies
Sex Discrimination
Sexual Harassment
Disability Discrimination
Race Discrimination
Age Discrimination
Discrimination Based on National Origin, Religion, and Other Grounds
Family and Medical Leave Act
Privacy Issues in the Workplace
Defamation in the Workplace
Other Workplace Torts
Discrimination Claims Under Labor Code Chapter 451
Protection of Business Interests
Whistleblower Protection Under Sarbanes-Oxley
Texas Whistleblower Act
Affirmative Action Obligations for Government Contractors
Ethical Dilemmas
Taking the Case
[ Reserved]
Summary Judgment Practice