Under both state and federal law, Texas employees are protected from discrimination based on pregnancy and pregnancy-related illnesses; however, that was not always the case. Originally, the Civil Rights Act of 1964, which prohibited discrimination on the basis of race, color, religion, sex, and national origin was not interpreted by…
Employee handbooks typically outline an employer’s expectations, as well as the consequences an employee may expect if they fail to meet the employer’s expectations. However, employee handbooks may also outline other important information, including: an employer’s overtime policy; the benefits offered by the employer; various types of leave available to…
In today’s society, more people realize the value in maintaining a manageable work-life balance. And with healthcare costs continually on the rise, now more than ever prospective employees are looking beyond a position’s salary when seeking employment. Because of this, employers realize they must provide a comprehensive and attractive benefits…
As we have noted in previous blog posts, the Fair Labor Standards Act (FLSA) (the “Act”) is a federal law that guarantees Texas employees certain workplace rights. Among those are the right to be paid at or above the federal hourly minimum wage and the right to collect overtime pay…
In this blog, we often talk about the various types of Texas employment discrimination claim an employee can bring against their employer. For the most part, discrimination claims come up when an employer takes some type of adverse employment action against an employee based on their protected status. Adverse employment…
Social media has become the preferred method for many to air their grievances. It’s not surprising Texas employees are increasingly relying on social media when they organize in support of establishing more favorable work conditions. At the same time, many employees have been fired for posting on social media. This…
Texas isn’t exactly known as a progressive state, and the state’s discrimination laws are no exception. While some state legislatures have passed broad discrimination laws prohibiting the disparate treatment of employees based on their sexual orientation or gender identity, there is not yet a Texas discrimination law unequivocally protecting individuals…
In some cases, an employer may ask a returning employee to take a fitness-for-duty examination to ensure that the employee is mentally and physically able to perform the tasks of their job. However, these fitness-for-duty exams can be intrusive and may reveal confidential information about an employee’s disability. Generally speaking,…
The Fair Labor Standards Act (FLSA) establishes employment standards that impact individuals employed in state, federal, and local government. The FLSA covers minimum wage, overtime pay, and record-keeping requirements. The FLSA requires non-exempt employees to receive overtime pay if they work over forty hours. The rate must be at 150…
According to federal law and the Equal Employment Opportunity Commission (EEOC), employers cannot discriminate against employees based on their race, age, disability, or other protected characteristics. Employers also cannot retaliate against employees for complaining of discrimination. An employee who has been discriminated against must first present a prima facie case…