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. For example, in just the first few pages of the book, many employment "hot topics" are addressed directly:
- Retaliation. “How has the Supreme Court’s recent Burlington Northern decision changed the landscape of retaliation claims? While the court broadened the types….” Page F-17
- Employee policies. “Can I use e-mail to distribute a new binding policy or agreement, like an arbitration agreement? Probably yes, but you must exercise caution. As outlined by….” Page F-18
- Reporting requirements. “What changes has the EEOC made to reporting requirements? In its first revision in 40 years, the EEOC has….” Page F-18
- Religious discrimination. “Has there been an increase in attention to claims of religious discrimination? Yes, there has been…. Employers must maintain balance….” Page F-19
- Sarbanes-Oxley. “What do HR professionals need to know about Sarbanes-Oxley? SOX requires public companies to adopt or modify….” Page F-19 “What are the lessons learned from the first three years of case decisions involving the whistleblower provisions of the Sarbanes-Oxley Act?” Page F-20
- Benefits for domestic partners. “What should employers consider in offering domestic partner benefits? Offering benefits to domestic partners isn’t as simple as inserting the phrase “and domestic partners” into existing policies. Consider….” Page F-21
- Discovery. “What are common discovery issues in employment litigation? Electronic discovery issues are taking center stage….” Page F-22
- Age discrimination. “What is the impact of the Supreme Court’s Smith vs. City of Jackson decision on disparate impact and the ADEA? The Supreme Court surprised many observers by holding that….” Page F-23
- Privacy. “Can an employer legally monitor
employees in the workplace? They not only can, but they do. For
example….” Page F-24
“Can an employer install video cameras in the workplace? What liability problems come from issuing cell phones to employees? Can an employer use an employee’s personnel information?” Page F-25
- Military service. “What are our obligations when one of our employees is called into active duty? USERRA guarantees non-temporary employees the right to….” Page F-26
- Investigations. “Do employers have to allow
employee representatives during investigations or disciplinary meetings
if the workforce is nonunion? No. The NLRB overruled its decision….”
“How should a new HR manager approach workplace investigations? What are the notice requirements?” Page F-28
- Overtime rules. “What is the impact of the DOL white collar exemption regulations on overtime? The changes to the duties tests are subtle in that….” Page F-29
- Homeland security. “Can an employee open mail
addressed to an employee at work? In most cases, yes. However….” Page
“In the interest of workplace safety, may we decline to hire applicants based on criminal records? Are there any state law limitations on background checks in Texas?” Page F-35
- Grooming. “Are there limitations on prohibiting visible tattoos in the workplace? Dress codes are generally upheld in the courts. In the right circumstances….” Page F-35
Remedies have expanded to include damages for emotional distress and other psychological injury claims. Most employment lawsuits now include at least one workplace tort. And access to jury trials and punitive damages has been expanded.
With more dollars at stake, persuasive advocacy is more important than ever. Laura Franze’s Texas Employment Law helps you supply it by delivering potent arguments and effective 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
- Wrongful discharge
- Constructive discharge
- Sexual harassment
- Disability discrimination
- Race, sex, and age discrimination
- Arbitration of employment claims
The latest revision of Texas Employment Law also provides 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.
With over 1000 pages and an accompanying CD which includes the full text of the book, as well as all the forms, 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.