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Tag: Federal Law

  • It’s dangerous to go it alone! Consult an attorney.

    Amy Gustafson

    Representing oneself pro se in Texas courts carries significant risks, including strict adherence to complex procedural and evidentiary rules, a high likelihood of prejudicial errors, and generally worse outcomes compared to parties represented by experienced attorneys. These risks are compounded by the lack of procedural leniency, limited access to legal resources, and the inability to 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

  • Your Rights Under the Digital Millennium Copyright Act

    Amy Gustafson

    The DMCA grants multiple individual rights, most notably the ability to participate in the notice-and-takedown process (including sending takedown notices and submitting counter-notifications), to benefit from specific statutory and regulatory exemptions to the anti-circumvention provisions, and to assert fair use and other noninfringing uses as defenses. Individuals also have the right to seek damages if 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

  • An Overview of Federal Special Education Law

    Amy Gustafson

    Special education students are guaranteed a range of substantive and procedural rights under the Individuals with Disabilities Education Act (IDEA), including the right to a free appropriate public education (FAPE) tailored to their individual needs, while the Americans with Disabilities Act (ADA) provides broad protections against disability-based discrimination in all public school programs and activities, Read more

  • Can You Sue a Debt Collector in Texas? 7 Common Grounds for Consumer Lawsuits

    Amy Gustafson

    The most common causes of action plaintiffs allege in lawsuits against debt collectors are statutory claims under the federal Fair Debt Collection Practices Act (FDCPA) and the Texas Debt Collection Act (TDCA), as well as common-law tort claims such as unreasonable collection efforts and, less frequently, invasion of privacy. These claims typically focus on allegations 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