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Jottings By An Employer's Lawyer 
By an experienced Texas Labor and Employment Lawyer.
Post Frequency: 3.1/day Last Entry: February 03, 2020 at 15:08:00 Recent Entries: 341
By Michael W. Fox, Esq.
Go to Jottings By An Employer's Lawyer, find other Labor & Employment Law blogs, or browse all law blogs.
Payday Claim Divides Texas Supreme Court
Posted on December 07, 2007Those who view the Texas Supreme Court as a monolithic force against employees in employment cases might be surprised by the closeness of today's 5-4 decision holding that an untimely Payday Act claim pursued to conclusion through the administrative process bars a timely common law action for breach of contract for the unpaid wages on the ground of res judicata...
Eight Years in the Making - Employer Pay for PPE
Posted on November 20, 2007I really haven't digested the details of the new OSHA regulation on personal protective equipment, but here's a link to the final rule: Employer Payment for Personal Protective Equipment; Final Rule.What I was struck by was the commentary I read elsewhere summarized in this opening paragraph about the history of this regulation (emphasis and bracketed material added by me):In 1999 [March 31], OSHA issued a proposal to require employers to pay for all protective equipment, including personal protective equipment (PPE), with explicit exceptions for certain safety shoes, prescription safety eyewear, and logging boots (64 FR 15402)...
ADA Standard in 5th Cir is "Motivating" Not "Sole" Factor
Posted on November 18, 2007Deciding a question, that probably few thought was in real doubt, a panel of the 5th Circuit last week joined seven other circuits in setting the proper causation standard for Americans with Disabilities cases. Pinkerton v. Paige (5th Cir. 11/13/07).According to the Court: Under a plain reading of the statute, and in accord with the position of other circuits, we conclude that the ?sole causation? standard is not the appropriate standard for ADA claims...
The Unloyal Employee - May End Up Owing a Tidy Sum
Posted on November 18, 2007That's the lesson to be learned from the 5th Circuit's affirmation of a $3 million dollar jury verdict in a case where two employees were found guilty of breaching their fiduciary duty when they negotiated behind their employer's back to sell the portion of the business in which they were engaged...
One of the Better Headlines: Shirking Working: The War on Hooky
Posted on November 07, 2007Congrats to Business Week for their story and what struck me as one of the more clever headlines in awhile, Shirking Working: The War on Hooky. Among other things the article points out how businesses are going to software analysis to determine when and more importantly why, people aren't showing up for work when they are supposed to...
Not Quite Halloween, But Still A Scary (MDV) Story
Posted on October 30, 2007California is obviously not the only place where large verdicts in employment law cases occur, but it certainly has its share. The latest -- an MDV returned yesterday by a San Francisco federal jury following a three week trial over the claims of a PhD level petroleum engineer, Chevron ordered to pay $5...
Speechless by Bruce Barry - A Mini-review
Posted on October 24, 2007Two relatively recent posts, one by Chris McKinney at HR Lawyer's Blog, Limits of Free Speech in the Workplace and Freedom of Speech in the Workplace: Think Again by Michael Moore at the Pennsylvania Employment Law Blog, reminded me how I had been meaning to mention an interesting book by Vanderbilt Professor Bruce Barry, Speechless: The Erosion of Free Expression in the American Workplace...
5th Circuit's Newest Judge - Leslie Southwick Confirmed
Posted on October 24, 2007In an act of good sense, the Senate today confirmed Leslie Southwick from Mississippi to the 5th Circuit Court of Appeals. This was nearly caught up in partisan politics, but somehow survived.Having served as a Teaching Quizmaster at UT Law School with Leslie more than 30 years ago, I am fairly confident that the individual portrayed by those trying to defeat the nomination is not who will be sworn in and serve admirably for however long he ends up sitting on the bench...
Interesting Thought About Electronic Discovery and Arbitration
Posted on October 18, 2007Stephen Rosenberg, who has a tremendous site, Boston Insurance and ERISA Litigation Blog, has an interesting post on the relationship between the developing law of electronic discovery and how it might actually make arbitration a better forum. Electronic Discovery and the Calculus of Arbitration...
MDV for the Still Employed
Posted on October 18, 2007Most employment law cases are brought by workers who were terminated, but occasionally a current worker brings a claim that makes its way to trial. And, amazingly enough, sometimes juries are convinced that an employer, who is still good enough to work for, has acted badly enough that the employee should be compensated with a large award...
American Employment Law More Liberal Than Europe
Posted on October 17, 2007At least in one small area ? mandatory retirement. Unlike the ADEA which has no upper limit and bars mandatory retirement, the European Union's top court has held that country laws establishing a retirement age could be "justified to promote social policies like improving employment...
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