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
ABBREVIATED TABLE OF CONTENTS
THE EMPLOYMENT RELATIONSHIP
Chapter 1: Employment Relationship Defined
Chapter 2: Written Employment Contracts
Chapter 3: Wrongful Discharge
Chapter 4: Constructive Discharge
[Chapter 5 Reserved]
Chapter 6: The Hiring Process
Chapter 7: Immigration-Related Employment Practices
[Chapter 8 Reserved]
EMPLOYEE COMPENSATION, SAFETY AND BENEFITS
Chapter 9: Wages, Hours, and Overtime
Chapter 10: Employee Safety and Health
[Chapters 11 through 12 Reserved]
RECORDS, RULES, AND POLICIES
Chapter 13: Internal Investigations
Chapter 14: Arbitration of Employment Claims
Chapter 15: Employee Records
Chapter 16: Employer Rules and Policies
DISCRIMINATION IN EMPLOYMENT
Chapter 17: Employment Discrimination Law—Overview & History
Chapter 18: Texas Commission on Human Rights Act: Procedures and Remedies
Chapter 19: Sex Discrimination
Chapter 20: Sexual Harassment
Chapter 21: Disability Discrimination
Chapter 22: Race Discrimination
Chapter 23: Age Discrimination
Chapter 24: Discrimination Based on National Origin, Religion, and Other Grounds
Chapter 25: Family and Medical Leave Act
Chapter 26: Retaliation
[Chapter 27 Reserved]
Chapter 28: Privacy Issues in the Workplace
Chapter 29: Defamation in the Workplace
Chapter 30: Other Workplace Torts
Chapter 31: Discrimination Claims Under Labor Code Chapter 451
Chapter 32: Protection of Business Interests
Chapter 33: Whistleblower Protection Under Sarbanes-Oxley
SPECIAL ISSUES RELATING TO GOVERNMENT EMPLOYERS AND GOVERNMENT CONTRACTORS
Chapter 34: Texas Whistleblower Act
Chapter 35: Affirmative Action Obligations for Government Contractors
[Chapter 36 Reserved]
SELECTED LITIGATION ISSUES
Chapter 37: Ethical Dilemmas
Chapter 38: Taking the Case
[Chapter 39 Reserved]
Chapter 40: Discovery
Chapter 41: Summary Judgment Practice
ABOUT THE AUTHOR
Laura M. Franze earned her law degree from Duke University School of Law in 1979. She currently is retired from the practice of law.
Ms. Franze was Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization in 1984. In her 30+ years of practice, she handled significant class-action litigation and litigation in virtually all substantive areas of labor and employment law, including discrimination, FLSA, and state wage and hour. She also represented management in connection with strategic employment decisions; restructuring; labor union relations; employment investigations; the ADA, including public accommodations; and employment issues related to mergers, acquisitions and restructuring. Ms. Franze tried nearly 100 arbitration cases and federal agency cases. As an accomplished trial lawyer, she represented management to successful verdict in many employment law cases, including regional and nationwide class actions filed in Texas, California, New Mexico, Ohio and in a dozen other states. She was particularly experienced in defending management in actions filed by or involving the government by intervention, including the EEOC, the Department of Labor, the OFCCP, the Department of Justice, and State Attorney General cases.
Ms. Franze authored Hot Topics and Commonly Asked Questions; Chapter 1, Employment Relationship Defined; Chapter 3, Wrongful Discharge; Chapter 13, Internal Investigations; Chapter 14, Arbitration of Employment Claims; Chapter 19, Sex Discrimination; Chapter 20, Sexual Harassment; Chapter 23, Age Discrimination; Chapter 26, Retaliation; Chapter 28, Privacy Issues in the Workplace; Chapter 29, Defamation in the Workplace; Chapter 30, Other Workplace Torts; Chapter 31, Discrimination Claims Under Labor Code Chapter 451; Chapter 34, Texas Whistleblower Act; and Chapter 37 Ethical Dilemmas. She also edited or contributed to the updates of many other chapters in this two-volume set.