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.
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.
With over 1000 pages and access to digital forms via an emailed zip file, 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.
REVISION 18 HIGHLIGHTS
This new edition of Texas Employment Law brings you current on the law and keeps you on the cutting edge of legal trends and issues that impact Texas employment lawyers. The highlights include:
Chapter 1 Employment Relationship Defined
- Examination of the Department of Labor’s opinion regarding joint employment under both the Fair Labor.
- Standards Act (FLSA) and the Migrant and Seasonal Agriculture Worker Protection Act (MSPA).
Chapter 7 Immigration-Related Employment Practices
- New chart featuring state employment and attestation requirements.
Chapter 9 Wages, Hours and Overtime
- Review of the potential consequences of misclassifying employees as independent contractors.
- Examination of the DOL’s new rules concerning salary requirements and exempt employees.
Chapter 14 Arbitration of Employment Claims
- The Supreme Court’s answer to whether class action waivers in arbitration agreements are enforceable under the Federal Arbiration Act (FAA), even in the case where state law would find class action waivers unenforceable.
- Discussion of issues of arbitrability.
Chapter 18 Texas Commission on Human Rights Act
- Definition on the effective date of an unlawful employment practice in the context of religious discrimination based on a university’s failure to accommodate a religious practice.
Chapter 21 Disability Discrimination
- Examination of American’s with Disabilities Act amendments, including adverse employment claims “on the basis of” versus “because of” a disability.
Chapter 24 Discrimination Based on Race, Religion or Other Grounds
- Tips for disparate treatment plaintiffs for surviving a summary judgment motion.
- Exploration of Texas-specific methods for proving discriminatory treatment based on religion.
Chapter 25 The Family and Medical Leave Act
- Examination of whether work while on leave constitutes interference with an employee’s rights under the FMLA.
- Discussion of whether a request for FMLA leave doubles as a request for accommodation.
- Revised DOL and FMLA forms
Chapter 32 Protection of Business Interests
- Discussion of choice of law provisions in employment agreements.
- Discussion of the Defend Trade Secrets Act (2016), which provides— among other things—a federal action for trade secret misappropriation and gives original jurisdiction for such an action to federal district courts