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State Employment Law Articles
Article Index » texas: 10 Most Recent Articles 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. Report Link Texas Supreme Court Provides New Focus for Noncompete Contract Enforcement.Littler Mendelson, P.C. - October 25, 2006 All employers have good reason to welcome the Texas Supreme Court's most recent ruling on noncompete contracts. Much of the confusion that made noncompete contract enforcement in Texas difficult to predict has been eliminated. In Alex Sheshunoff Management Services, L.P. v. Johnson, the Texas Supreme Court shifts the focus for noncompete contract analysis away from technical timing and contract formation issues that dominated recent decisions, and back to whether the contract is reasonable and necessary for the protection of a legitimate business interest. Lower courts were split on whether the Texas Covenant Not to Compete Act (the "Act") required a specific formation process with unique timing requirements. It is now clear that the contract formation process will be less important than the content of the contract and circumstances surrounding performance of it.
Report Link Texas Supreme Court Enforces Covenant Not to Compete (pdf).Ogletree Deakins - October 24, 2006 Texas Supreme Court Enforces Covenant Not to Compete. Report Link Texas High Court rejects employer liability (pdf).Ogletree Deakins - September 12, 2006 Decisions turn on degree of control over employee. Report Link Texas Employers Finally Get Judicial Relief in Non-Compete Case.Jackson Lewis LLP - May 17, 2006 For years, Texas employers have been frustrated with court decisions invalidating their non-compete agreements. A spate of cases from courts of appeals across Texas has made it nearly impossible to have enforceable non-compete agreements with at-will employees, based on the reasoning that employer promises made within the at-will relationship are "illusory" since the employee could be discharged right after signing the agreement. Report Link Texas Supreme Court Sides With Employers (pdf).Ogletree Deakins - May 11, 2006 The Texas Supreme Court recently
issued two employer-friendly rulings.
In a breach of contract case, the state’s
highest court ruled that an employee
policy manual did not modify the parties’
at-will employment relationship.
In a second case, the court held that an
employee who sued her employer for
retaliatory discharge must submit her
claims to arbitration.
Matagorda County Hospital
District v. Burwell, No. 03-0111, Supreme
Court of Texas (February 24,
2006).
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Count and Sub-TopicsArticles Found: 10NO SUBTOPICSEmployment Law Seminars
Managing Business Exposures Successfully: Are You "All In" For The Continual Wave Of Workplace Risks?
Irving
2008-9-4 Jackson Lewis LLPTOP TEN WAYS TO VIOLATE WAGE-HOUR LAWSSacramento
September 9, 2008 Shaw Valenza LLPUnlocking The Mystery Of Employee Privacy RightsLos Angeles
2008-9-9 Jackson Lewis LLPUnlocking The Mystery Of Employee Privacy RightsCosta Mesa
2008-9-9 Jackson Lewis LLPUnlocking The Mystery Of Employee Privacy RightsSacramento
2008-9-9 Jackson Lewis LLPUnlocking The Mystery Of Employee Privacy RightsSan Francisco
2008-9-9 Jackson Lewis LLPEmployee vs. ContractorColumbia
September 9, 2008 Nexsen PruetEmployee Free Choice Act: Labor’s Attack on Your Employees’ Right to ChooseOnline
September 9, 2008 McGuire WoodsThe Connecticut Sexual and Other Harassment Education and Training in the Workplace ActStamford
2008-9-10 Jackson Lewis LLPHOW TO CONDUCT EFFECTIVE INTERNAL INVESTIGATIONSSan Francisco
September 11, 2008 Shaw Valenza LLP |
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