Finally, Private Litigants Can Settle Bona Fide FLSA Disputes Without DOL or...
Some of you may be surprised to learn that conventional wisdom was that claims arising under the Fair Labor Standards Act (the federal law requiring the payment of minimum wage and overtime to most...
View ArticleFifth Circuit Interprets Ministerial Exception Broadly in Case of First...
Last term the U.S. Supreme Court confirmed the existence of the ministerial exception to many of the federal employment discrimination laws. This week, the Fifth Circuit took up the application of the...
View ArticleFifth Circuit Holds That Attorney’s Fees Not Recoverable In Title VII...
In a recent case from the Fifth Circuit, the Court held that attorney’s fees are not recoverable for a prevailing plaintiff in a Title VII mixed-motive retaliation case. In Carter v. Luminant Power...
View ArticleFifth Circuit Reverses Controversial Trial Court Decision and Holds...
Last week the Fifth Circuit Court of Appeals reversed a widely criticized trial court ruling that had held that a discharge of an employee because she was lactating or expressing breast milk did not...
View ArticleFifth Circuit Holds that Volunteer Firefighter is not an “Employee” for...
In an issue of first impression in this Fifth Circuit, the Court held that a volunteer firefighter making a Title VII claim of sexual harassment is not an “employee” for purposes of the statute and...
View ArticleDistinction Between Supervisor/Nonsupervisor Makes $70,000 Difference in...
The status of an employee as a supervisor or nonsupervisor can have a significant impact on the outcome of a discrimination, harassment or retaliation case. For example, if an employee who commits a...
View ArticleEmployee Wins Reversal of Religious Discrimination Defeat at the Fifth Circuit
Last week I wrote about a religious discrimination case where an employer snatched victory from the jaws of defeat at the Fifth Circuit Court of Appeals. This week, we have a Fifth Circuit opinion...
View ArticleI Quit! Constructive Discharge Serves as Substitute for Adverse Employment...
An essential element of most employment discrimination claims is that the employee suffered an adverse employment action. An employee who resigns often has difficulty making out a prima facie case of...
View ArticleFifth Circuit Resolves Intra-Circuit Split on Important ADA Issue
Last month the Fifth Circuit resolved an intra-Circuit split on the appropriate prima face case that should be used in a discrimination case under the Americans with Disabilities Act. In EEOC v. LHC...
View ArticleFifth Circuit Orders Award of Attorney’s Fees to Texas Employer Against DOL...
It’s a rare day with the U.S. Department of Labor is assessed attorney’s fees against it for bringing a suit against an employer in bad faith. However, in Gate Guard v. Secretary of Labor, the Fifth...
View ArticleFifth Circuit Refuses to Enforce Illusory Handbook Arbitration Provision
It’s a rare day when a Texas state court or federal court sitting in Texas refuses to enforce an arbitration agreement. The Texas law is well-developed on this issue and the table is heavily tilted in...
View ArticleFifth Circuit Holds Employer’s No Photography Rule Violated the NLRA but...
Last week the Court reviewed, and largely reversed, a National Labor Relations Board’s (NLRB or Board) order finding that four policies contained in a Company’s employee handbook violated the National...
View ArticleFifth Circuit Affirms Summary Judgment For Drilling Company in WARN Case
With the drop oil prices several years ago, many energy companies conducted reductions in force. Some of those headcount reductions triggered litigation under the Worker Adjustment and Retraining...
View ArticleEmployers Using Fluctuating Workweek Method of Overtime Compensation Should...
In Texas, an employer can satisfy its overtime obligation to nonexempt employees whose hours fluctuate from week-to-week and are paid on a salary basis, by using the fluctuating workweek (FWW) method...
View ArticleFifth Circuit Holds That Telecommuting Not a Reasonable Accommodation Because...
In Credeur v. State of Louisiana, an attorney working as a litigator with the attorney general’s office experienced health issues related to a kidney transplant. The Office of the Attorney General...
View ArticleFifth Circuit Affirms Summary Judgment for Employer in Transgender Title VII...
In Wittmer v. Phillips 66 Company, the Fifth Court of Appeals affirmed a trial court’s summary judgment in favor of Phillips 66 on a claim of employment discrimination based on transgender status....
View ArticleFifth Circuit Resolves Intra-Circuit Split on Important ADA Issue
Last month the Fifth Circuit resolved an intra-Circuit split on the appropriate prima face case that should be used in a discrimination case under the Americans with Disabilities Act. In EEOC v. LHC...
View ArticleFifth Circuit Orders Award of Attorney’s Fees to Texas Employer Against DOL...
It’s a rare day with the U.S. Department of Labor is assessed attorney’s fees against it for bringing a suit against an employer in bad faith. However, in Gate Guard v. Secretary of Labor, the Fifth...
View ArticleFifth Circuit Refuses to Enforce Illusory Handbook Arbitration Provision
It’s a rare day when a Texas state court or federal court sitting in Texas refuses to enforce an arbitration agreement. The Texas law is well-developed on this issue and the table is heavily tilted in...
View ArticleFifth Circuit Holds Employer’s No Photography Rule Violated the NLRA but...
Last week the Court reviewed, and largely reversed, a National Labor Relations Board’s (NLRB or Board) order finding that four policies contained in a Company’s employee handbook violated the National...
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