|
|
|
 State Employment Law Articles
Article Index » texas: 10 Most Recent Articles Report Link Texas Employers Get Another Favorable Opinion on Non-Competes.Jackson Lewis LLP - May 07, 2009 The Supreme Court of Texas has held that a non-compete covenant in an at-will employment agreement is enforceable when the employee expressly promises not to disclose confidential information, but the employer makes no express promise in return to provide confidential information. Mann Frankfort Stein & Lipp Advisors, Inc. v. Fielding, No. 07-0490 (April 17, 2009). The Court said the agreement may contain an “implied promise” to provide an employee with confidential information, thus the covenant is enforceable. Report Link Another Step Forward in the Enforcement of Noncompetes.Littler Mendelson, P.C. - April 27, 2009 The Texas Supreme Court in Frankfort Mann Stein & Lipp Advisors, Inc. v. Fielding has further clarified the circumstances in which noncompete contracts with at-will employees will be enforced that was first announced by the same court in Sheshunoff Management Services, L.P. v. Johnson. Report Link Restrictive Covenant Developments in 2008 (Texas).Elarbee, Thompson, Sapp & Wilson, LLP. - February 09, 2009 It is well known that Georgia and Texas are among the most difficult states in which to enforce a traditional non-compete agreement. Report Link Texas Driver License Woes.Ogletree Deakins - December 04, 2008 The Texas Department of Public Safety implemented a new administrative rule on October 1, 2008 requiring proof of legal status for more than six months after the date of application before an original, renewal or duplicate Texas driver license or identification card will be issued. This creates a significant obstacle to renewing a driver license for persons who are neither a U.S. citizen nor a lawful permanent resident (green card holder). Report Link The Texas State Statute Prohibiting Discrimination Because of an Evacuation.Littler Mendelson, P.C. - September 18, 2008 In Texas, employers may not discharge or otherwise discriminate against an employee who "leaves the employee's place of employment to participate in a general public evacuation ordered under an emergency evacuation order." Tex. Labor Code § 22.002. The definition of an emergency evacuation order includes an official statement issued by a governmental entity to "recommend the evacuation of all or part of the population of an area stricken or threatened with a disaster." Tex. Labor Code § 22.001(2)(emphasis added). The statute creates liability for the loss of wages or benefits (e.g., vacation pay) incurred by the employee as a result of the violation. Tex. Labor Code § 22.003. There is an exemption for emergency services personnel (police, fire fighters, EMTs, or those whose employment involves providing "services for the benefit of the general public during emergency situations") if the employer provides adequate emergency shelter. Tex. Labor Code § 22.004. Report Link Health Care Provider Agrees to Pay Nearly $1M to Texas for Mishandling Personal Data.Jackson Lewis LLP - July 29, 2008 Texas Attorney General Greg Abbott has announced a settlement agreement with a company for violation of state law mandates to protect personal information. The company agreed to pay Texas $990,000, including $100,000 in attorneys’ fees, and to strengthen its existing information security policies. Report Link Texas Employees May Be Required to Defend Non-Compete Claims In Other States.Jackson Lewis LLP - July 19, 2007 In another favorable opinion for employers seeking to enforce non-compete agreements against former employees, the Texas Supreme Court has held that case law barring Texas courts from invoking another state's law to interpret a Texas employee's non-compete agreement does not invalidate a clause saying that any lawsuits involving the agreement will be brought in a specified court of another state. Report Link Texas Attorney General Files Data Security Suits For Claimed Flaws In Worker Information Practices.Jackson Lewis LLP - April 30, 2007 Enforcement of State Data Security Statutes Emerging As New Benefits Concern for Employers.
Across the country, states including Texas have been passing data privacy and security laws to protect personal information.
Report Link Texas Employers Seeking to Enforce Non-Compete Agreements Get Welcome Relief.Jackson Lewis LLP - October 27, 2006 Since 1994, employers in Texas have been hamstrung by a decision of the state’s highest court which severely limited the enforceability of covenants not to compete in employment at-will relationships. Light v. Centel Cellular Co., 883 S.W.2d 642 ( Tex. 1994). In the twelve years since then, employers have attempted to find creative ways to circumvent the near absolute prohibition against having an enforceable non-compete agreement with an at-will employee. Following the precedent set by the Texas Supreme Court, many state courts subsequently rejected these attempts, finding that the resulting agreements were “illusory.” Report Link Texas Supreme Court Modifies Position - Upholds Non-Compete Covenant.Ford & Harrison LLP - October 25, 2006 Changing its prior position on the issue, the Texas Supreme Court has held that an employer’s promise to perform (for example, to provide training or confidential information) is sufficient to create an enforceable covenant not to compete in an at-will employment relationship; however, the non-compete covenant is not enforceable until the employer takes the action it has promised.
|
Count and Sub-TopicsArticles Found: 10NO SUBTOPICSEmployment Law Seminars
Employment Law 101 for HR Professionals
Las Vegas
March 23, 2010 Fisher & PhillipsCalifornia Legally Required Sexual Harassment Training: It's Never Too Late To ComplyNewport Beach
March 23, 2010 Fisher & PhillipsCalifornia Legally Required Sexual Harassment Training: It's Never Too Late To ComplySan Francisco
March 23, 2010 Fisher & Phillips2010 Public Sexual Harassment Training for supervisors and managers.Glendale
March 23, 2010 Ballard Rosenberg2010 Employment Law UpdateSan Jose
March 23, 2010 LittlerHow to Prepare a Response to a DFEH/EEOC ChargeWebinar
March 23, 2010 Shaw ValenzaTOP 10 TIPS FOR CREATING A BLOGGING, SOCIAL MEDIA AND CELL PHONE POLICYOnline
March 23, 2010 HR Learning Center LLCNegotiating Your Business to the TopOrlando
March 23, 2010 Ford & HarrisonCalifornia Legally Required Sexual Harassment Training: It's Never Too Late To ComplySan Diego
March 24, 2010 Fisher & PhillipsEmployment Law Breakfast Briefings`Kenner
March 24, 2010 Fisher & Phillips |
|
| ||
|
Terms of Use
|
Privacy
|
Advertising
|
About
|
Contact
|
For Law Firms
|
Partners
Copyright © 2010 elinfonet.com, llc.
The use of this site, and the terms and conditions for our providing information, is governed by our Terms of Use, including the disclaimers contained therein. By using this site, you acknowledge that you have read the Terms of Use and that you accept and will be bound by the terms thereof.
This site is designed for lawyers concentrating in employment law and human resource professionals who specialize in employee relations. As more fully set forth in the terms of use, the information provided on or through this site is for general information purposes; it is not a determination of your legal rights, nor your responsibilities under the law. None of the information contained on this site is, or should be construed as, legal advice. The information should not be relied upon for legal advice. We are not engaged in the practice of law and no attorney-client relationship is being created. Any information communicated to any lawyer via this site does not have the confidentiality protection of the attorney/client privilege. If you are seeking legal advice, find a qualified lawyer in your area. If you need help finding a lawyer, call your local, county or state bar association. All logos and trademarks on this site are property of their respective owners. | ||
Federal Article Feeds