Preliminary Sections

• Author: Laura M. Franze
• Pages: 1-116

HIGHLIGHTS

The 2015 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 7 Immigration-Related Employment Practices

• Penalties for violation of the employment eligibility verification process, as applied to small businesses

• Immigration-related employment discrimination through the improper use of E-Verify

• 50-State summary of E-Verify legislation

• Practical tips for handling an investigation by the Office of Special Counsel

Chapter 9 Wages, Hours and Overtime

• Circumstances under which the plaintiff may be entitled to attorney’s fees under the Equal Access to Justice Act

• Exemptions from the overtime rules: teachers

Chapter 18 Texas Commission on Human Rights Act: Procedures and Remedies

• The meaning of “but for” causation in a retaliation case, including additions to the Fifth Circuit pattern jury

instruction that reflects the causation standard set by the Supreme Court in Nassar

• Availability of appellate attorney’s fees, even if the trial court denied such a request

Chapter 21 Disability Discrimination

• Responsibilities of both the employer and the employee regarding reasonable accommodation

• New case law on “regarded as” disability and “essential functions”

• The Fifth Circuit’s answer to the question: Do the ADA’s medical examination and inquiry provisions

apply only to qualified individuals with disabilities?

Chapter 24 Discrimination Based On National Origin, Religion, and Other Grounds

• The plaintiff’s burden in proving a claim of religious discrimination – failure to accommodate

• Whether a complaint for retaliation under the TCHRA may be related to perceived discrimination

• Whether a threat by a supervisor to take an adverse action will support a retaliation claim if the threat is not

carried out

Chapter 25 The Family and Medical Leave Act

• Updated FMLA forms re: notice and medical certification

• Plaintiff’s burden to establish a causal link between the claimed FMLA interference and her damages

• Changes to the regulatory definition of “spouse” under the FMLA

Chapter 32 Protection of Business Interests

• The importance of not taking the “agreement” part of “otherwise enforceable agreement” for granted when

seeking to enforce a non-compete provision

• How the rigorous application of a choice of law analysis impacts the outcome of non-compete cases

• When a former employee updates his LinkedIn profile, he may (or may not) be violating a pre-existing

non-compete or non-solicitation agreement

Texas Employment Law

by Laura M. Franze

We Welcome Your Feedback

Our most useful source of improvements is feedback from our subscribers,

so if you have any comments, we would love to hear from you.

Revision Editor

James Publishing, Inc.

3505 Cadillac Avenue, Suite P-101

Costa Mesa, California 92626

Visit us on the Internet at www.jamespublishing.com.

TEXAS

Employment

Law

Volume 1

Laura M. Franze, Esq.

Contact us at (866) 72-JAMES or visit us at www.jamespublishing.com