Preliminary Sections

• Author: Laura M. Franze
• Pages: 1-108

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

TEXAS EMPLOYMENT LAW

BY LAURA M. FRANZE

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