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Tag: Employment Law

  • Commonly Litigated Provisions in Texas Employment Contracts

    Amy Gustafson

    The most commonly litigated clauses in Texas employment contracts are covenants not to compete (noncompete agreements), non-solicitation and confidentiality provisions, arbitration clauses, and terms relating to at-will employment and termination. The key legal issues center on statutory enforceability requirements, reasonableness of restrictions, consideration, judicial reformation, preemption of common law, and the limits of contractual modification Read more

  • Can My Boss Stop Me From Discussing My Wage?

    Amy Gustafson

    The National Labor Relations Act (NLRA) is a federal law that protects employees’ rights to engage in concerted activities, including discussing wages and other employment-related matters, and it applies to most private-sector employers in Texas. As a result, Texas employers subject to the NLRA may not lawfully impose policies or take disciplinary action against employees Read more

  • Independant Contractors vs. Employees

    Amy Gustafson

    To classify workers correctly in Texas, businesses must focus on whether they retain the right to control not just the outcome of the work, but also the means and details of how the work is performed. Texas courts, statutes, and agencies consistently apply a “right to control” standard, often operationalized through multi-factor tests, such as Read more

  • LGBTQ+ Rights in Employment Law: The Impact of Bostock v. Clayton County

    Amy Gustafson

    Bostock v. Clayton County was a 2020 Supreme Court case that addressed whether federal employment discrimination law (Title VII) protects employees from being fired because they are gay or transgender. The Court decided, by a 6-3 vote, that discrimination based on sexual orientation or gender identity is inherently discrimination “because of sex,” and is therefore Read more

  • Does Texas enforce Covenants Not to Compete?

    Amy Gustafson

    Texas law permits the enforcement of covenants not to compete, but only under specific statutory conditions. The Texas Covenants Not to Compete Act, codified in the Texas Business and Commerce Code, requires that such covenants be tied to an otherwise enforceable agreement and be reasonable in their restrictions regarding time, geography, and scope of activity, Read more