Our Employment Lawyers Understand Employment Law Relating to FLSA, NLRB, TWC, FMLA, FINRA and EEOC

Our employment law attorneys work to keep you informed on recent court decisions, changes in federal and state statutes, and trends in employment litigation. This page serves as a jumping off point so you can find and read our blog articles on the topics on employment law. Scroll down and click on any title listed below to get to a particular article.

Disgruntled Employee Wins Wrongful Termination Lawsuit

Posted on February 25, 2020 – An employee in Texas claimed wrongful termination in a lawsuit against his employer under the Texas Whistleblower Act in retaliation for reporting wrongdoing by his employer. The jury awarded him $2.5 million in damages. He said he didn’t do it for the money. Rather, he said he just did the right thing… Read Article

FLSA Protected Texas Employee Who Obtained Settlement for Retaliation Lawsuit

Posted on August 1, 2019 – In a recent lawsuit filed by the DOL on behalf of a Texas employee who brought a claim for retaliation, there was a settlement of $22,000 based on the nursing mother provision in the federal statute commonly known as FLSA. Other common problems on the job that are also protected by the FLSA include retaliation, employee misclassification, overtime denial… Read Article

Former Employee’s Denied Health Insurance Claim Reversed

Posted on October 25, 2018 – Under COBRA, a former employee paid his health insurance premiums while undergoing treatment for cancer. When his claims were denied, he went to court but his claim was struck down under ERISA. On appeal, the decision was overturned on a technicality called first impression… Read Article

Restrictions on Retaliation and Whistleblower Cases

Posted on March 15, 2018 – An employer may fire an employee in Texas solely because she or he refused to perform an illegal act according to the Sabine Pilot rule as redefined by the Texas Supreme Court in 1985. This is a narrow exception to the employment at will doctrine. The Texas Whistleblower Act can be found in Chapter 554 of the Texas Government Code. It protects an employee of a public, but not private, entity from retaliation if she or he in good faith reports a legal violation… Read Article

UK Supreme Court Finds Court Fees Illegal for Employment Claims

Posted on August 23, 2017 – The UK Supreme Court has recently banned court fees for employment claims because they were found to produce discrimination. U.S. court fees are imposed for employment claims in courts and arbitrations… Read Article

Wells Fargo Bank Shines Spotlight on FINRA Form U-5 Abuses

Posted on February 6, 2017 – The fake bank accounts scandal at Wells Fargo Bank focuses attention on FINRA due to the FINRA Form U-5 that the bank submitted on hundreds of fired employees. Congress is paying attention to this possible abuse through the use of false and defamatory information against former employees… Read Article

Compensatory Damages from FINRA Form U-5 Defamation Claims

Posted on October 20, 2016 – There is potential for a defamation claim by a terminated securities industry employee resulting from the FINRA Form U-5 required by the regulatory process and the FINRA Form U-4 filled out when the employee joins a broker-dealer business. The complicated legal process for winning such a claim includes the FINRA arbitration process and state law. A Kilgore & Kilgore attorney can help sort out the details because of Kilgore & Kilgore’s experience with such claims… Read Article

Arbitration is an Alternative System of Dispute Resolution

Posted on September 7, 2016 – Arbitration is a private, alternative system of dispute resolution. In arbitration, the parties present their claims and defenses to one or more arbitrators who decide the matter. Typically, an arbitrator is an attorney or former judge who is paid a fee by one or more parties to serve as the arbitrator. The allocation of fees and expenses between the parties is typically outlined in the arbitration provision in the parties’ employment contract. Many employers require their employees and executives to sign employment contracts or employment agreements that contain an arbitration provision… Read Article

Millions of Workers May Soon Become Eligible for Overtime Pay – Know Your Employee Rights

Posted on October 16, 2015 – The federal Fair Labor Standards Act (FLSA) requires that employers provide time-and-a-half overtime pay to all qualified workers. The number of qualified workers is about to increase dramatically next year as a result of new rules proposed by the U.S. Department of Labor. Are you among the five million workers who will soon become eligible for overtime pay? Will your employee rights be… Read Article

Employment Law: Wiping the NLRB Slate Clean? Part 2

Posted on August 8, 2014 – In June 2014, in the case of National Labor Relations Board v. Noel Canning, the U.S. Supreme Court declared the recess appointments to the NLRB made by President Obama to be invalid. This means that for a 19-month period, the NLRB was acting without a quorum. Its decisions during that time are arguably invalid as well. It is safe to describe the Noel Canning aftermath as an uncertain mess. There are the more than 1,000 decisions that were issued by the NLRB during that period. Almost all of those decisions will have to be vacated and reheard by the NLRB… Read Article

Employment Law: Wiping the NLRB Slate Clean? Part 1

Posted on August 1, 2014 – What would happen if 19 months of rule-issuing, decision-making, precedent-setting and other administrative actions by the National Labor Relations Board (NLRB) suddenly became invalidated? How would this impact employers and employees who were positively or adversely affected by those decisions, or had been following those rules and precedents? What would be the current state of the law? We’re in the process of finding out. The rulings in these decisions set a precedent for future decisions, effectively contributing to the law of the employee and employer landscape… Read Article

Employment Law – The Concerted Activity Rule – Part 2

Posted on July 25, 2014 – The genesis of this rule is the concerted activity clause in the National Labor Relations Act, signed into law by President Franklin Roosevelt over 78 years ago. Section 7 of the Act guarantees an employee the right to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection. An employer may not discipline or terminate an employee who engages in conduct that falls within this provision. Not surprisingly, these relatively simple terms have generated decades of litigation… Read Article

Employment Law – The Concerted Activity Rule Part 1

Posted on July 16, 2014 – Employers must use considerable caution to ensure employee rights at work when disciplining or terminating employees for employment-related speech. A recent survey commissioned by CBS News found that only 45 percent of Americans were satisfied with their working conditions, a modern-day low. Employers have little legal obligation to improve working conditions. And, employers can do little to stop employees from complaining about, or talking about, the working conditions at their jobs… Read Article

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