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Insights

Failure to Launch: Eminent Domain Breaks Down in the Texas Legislature

Eminent domain proceedings in Texas are a complex process governed by multiple constitutions, laws, and regulations.[1] Through this process the Texas government, its agencies, and authorized private entities acquire land to advance initiatives relating […]

Worker Need Not Disclose FMLA Leave Return Date

An employee did not fail to provide essential information regarding the duration of her leave under the Family and Medical Leave Act (FMLA) when the employee did not herself know how long the leave would be, the 7th U.S. Circuit Court of Appeals held […]

Energy-Related Bankruptcies on the Rise: Protecting Oil & Gas Royalty Interests

With the recent uptick in energy-related bankruptcies expected to continue for the foreseeable future (in one prominent example, industry giant Weatherford has just filed for Chapter 11 protection), oil and gas royalty owners need to be on alert. Because […]

Insurance Fraud Investigators Entitled to Overtime Pay Under FLSA

As part of its insurance business, GEICO General Insurance Company hires security investigators to work in its claims department for the purpose of investigating claims that are suspected of being fraudulent. The FLSA requires employers to pay overtime […]

Title VII Gender Identity Claim Goes Forward

Texas federal judge dismissed claims alleging gender identity discrimination asserted under the Affordable Care Act (ACA) and the Employee Retirement Income Security Act (ERISA) against an insurer and employer because there is no precedent that either […]

Unions May Sue Their Directors for Breach of Fiduciary Duty

The Labor-Management Reporting and Disclosure Act (LMRDA) contains an implied cause of action for a union to bring a lawsuit for breach of fiduciary duties against an officer or other agent of the union, according to the U.S. Circuit Court of Appeals […]

Court Upholds T-Mobile’s Positive Workplace Environment Rules

The National Labor Relations Act gives employees the right to engage in activities intended to improve the terms and conditions of their employment. To enforce that right, the act makes it illegal for employers to interfere when employees engage in reasonably […]