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Alternative Dispute Resolution in Texas - Trends and Tips

According to statistics from the Texas Office of Court Administration, the number of civil lawsuits tried to jury verdict has steadily declined over the years while the number of lawsuits filed annually has increased. One explanation for this trend is […]

The Duty to Warn of Open and Obvious Hazards Remains Unclear

While Section 406.033 of the Texas Labor Code clearly establishes that nonsubscribing employers cannot rely on the defense that an employee assumed the risk of injury in performing the activity that led to the employee's on-the-job injury, Texas courts […]

Department of Labor Updates Definition of 'Spouse'

The Family and Medical Leave Act (“FMLA”) entitles eligible employees unpaid, job-protected leave to care for a child, parent, or spouse. In light of recent Supreme Court decisions addressing same-sex marriages, the Department of Labor (“DOL”) […]

New Overtime Rules: Changes are Coming

The Fair Labor Standards Act (FLSA) governs federal minimum wage and overtime pay.  Currently, employees covered by the FLSA must be paid at least the federal minimum wage, and in most cases, overtime for all hours worked in excess of 40 in any work […]

Michael A. Logan

U.S. Supreme Court rules against Abercrombie

Today, the Supreme Court issued its opinion in favor of Samantha Elauf, a Muslim woman who was 17 years old when she was turned down for a job at Abercrombie & Fitch because she wore a hijab.  Ms. Elauf was not hired because her headscarf violated […]

Michael A. Logan

The U.S. Supreme Court Rules That Courts Can Review Conciliation Efforts

After an employee submits a charge complaining of discrimination, the Equal Employment Opportunity Commission (“EEOC”) investigates the matter and gathers evidence regarding the claims in question. If the EEOC determines that “reasonable cause” […]