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Immigration has been a well-publicized political issue dominating the media for some time, and it is continues to be a heated topic during the ongoing election process. Many businesses have lobbied for provisions that would permit thousands of immigrants to work as guest workers on a seasonal basis. Other groups have expressed their objections to the potential legalization of many illegal aliens already in the United States. While competing interests have delayed comprehensive... [More Info]

TADC EMPLOYMENT LAW NEWSLETTER -- Spring 2002 R. Edward Perkins, Editor Sheehy, Serpe & Ware, P.C. -- Houston, Texas 1. UNITED STATES SUPREME COURT OPINIONS Court holds that penalty provision providing for an additional 12 weeks of FMLA leave is invalid. In Ragsdale v. Wolverine World Wide, Inc., ____ U.S. ____, 122 S. Ct. 1155, 1159, ____ L. Ed. 2d ____ (2002), Tracy Ragsdale ("Ragsdale") began working at a Wolverine factory in 1995, but was diagnosed... [More Info]

TADC EMPLOYMENT LAW NEWSLETTER -- FALL 2007 R. Edward Perkins, Editor William Whitaker, Assistant Editor Sheehy Serpe & Ware, P.C. -- Houston, Texas I. TEXAS SUPREME COURT DECISIONS. A. FORUM SELECTION CLAUSES – Generally Honored in Employment Contracts. In the case of In re AutoNation, Inc., 228 S.W.3d 663 (Tex. 2007), Garrick Hatfield signed a “Confidentiality, No-Solicitation/No-Hire and Non-Compete Agreement” with his employer,... [More Info]

TADC EMPLOYMENT LAW NEWSLETTER -- FALL 2002 R. Edward Perkins, Editor Patrick D. Sanders, Assistant Editor Sheehy Serpe & Ware, P.C. -- Houston, Texas A. UNITED STATES SUPREME COURT OPINIONS 1. Court holds that the ADA permits defense that a worker's disability on the job would pose a direct threat to his health. In Chevron U.S.A., Inc. v. Echazabal, ____ U.S. ____, 122 S. Ct. 2045, 153 L. Ed. 2d 82, (2002), Mario Echazabal worked as an independent... [More Info]

TADC EMPLOYMENT LAW NEWSLETTER -- SPRING 2005 R. Edward Perkins, Editor Benjamin C. Connally, Assistant Editor Adam Robison, Assistant Editor Chris M. Knudsen, Assistant Editor Sheehy Serpe & Ware, P.C. -- Houston, Texas I. United States Supreme Court A. The United States Supreme Court holds that “disparate impact” cases are available under the Age Discrimination in Employment Act Of 1967, with exceptions. In... [More Info]

Effective July 25, 2007, employers must post a new minimum wage poster in their workplaces, and begin compensating employees at the higher rate. President Bush signed a new law on May 25 increasing the federal minimum wage. The minimum wage increase will take effect incrementally over the next three years. Effective July 24, 2007, the minimum wages becomes $5.85 per hour. On July 24, 2008, the rate increases again to $6.55 per hour. On July 24, 2009, it increases further to $7.25 per... [More Info]

Most general liability insurance policies issued in Texas, including those issued to builders, contractors and others in the construction trade, are written on or borrow heavily from the copyrighted insurance forms promulgated by the Insurance Services Office, Inc. (“ISO”). The policy language quoted below is taken from recent ISO general liability forms (July 1998 and later editions) in use at this time... Click here to view the entire article in PDF format.

tadc employment law newsletter -- fall 2005 R. Edward Perkins, Editor Benjamin C. Connally, Assistant Editor Adam Robison, Assistant Editor Chris M. Knudsen, Assistant Editor Sheehy Serpe & Ware, P.C. – Houston, Texas I. TEXAS SUPREME COURT DECISIONS A. Retaliatory Discharge - Sufficiency Of The Evidence In Haggar Clothing Co. v. Hernandez, 164 S.W.3d 386 (Tex. 2005), Altagracia Hernandez was injured on the job while working for Haggar Clothing... [More Info]

TADC EMPLOYMENT LAW NEWSLETTER -- Spring 2007 R. Edward Perkins, Editor Chris M. Knudsen, Assistant Editor Benjamin C. Connally, Assistant Editor William H. Whitaker, Assistant Editor Sheehy, Serpe & Ware, P.C. -- Houston, Texas I. TEXAS SUPREME COURT DECISIONS. A. Covenants Not To Compete – An At-Will Employee’s Covenant Not To Compete Becomes Enforceable When The Employer Performs The Promises It Made In Exchange For The Covenant. In Alex... [More Info]

TADC EMPLOYMENT LAW NEWSLETTER -- Spring 2006 R. Edward Perkins, Editor Adam Robison, Assistant Editor Tamara Ruen, Assistant Editor Sheehy, Serpe & Ware, P.C. -- Houston, Texas I. TEXAS SUPREME COURT DECISIONS A. At-Will Employment In Matagorda County Hospital District v. Burwell, 49 Tex. Sup. Ct. J. 370 (February 24, 2006), Christine Burwell sued Matagorda County Hospital District for breach of contract and age discrimination after it terminated... [More Info]

TADC EMPLOYMENT LAW NEWSLETTER Fall 2006 R. Edward Perkins, Editor Ben Connally, Assistant Editor Tamara Ruen, Assistant Editor Sheehy Serpe & Ware, P.C. -- Houston, TX INTRODUCTION This newsletter summarizes and analyzes the most significant cases impacting the employment law practice since the Spring of 2006. While it is not a comprehensive digest of every case involving employment law during this period or of every holding in the cases discussed, we hope that you find... [More Info]

Licensed Funeral Directors and Embalmers in Texas may no longer be exempt from receiving overtime wages under recent amendments to and interpretations of the Fair Labor Standards Act. Funeral directing firms in Texas that classify funeral directors and embalmers as exempt professionals may subject themselves to claims for back pay, fines, and attorneys fees as a result. For more detailed information, please review the following article, written by Sheehy Serpe & Ware, P.C. shareholder Steve... [More Info]

Do you know if OSHA has targeted your business for an inspection? If not, you may find the answer in OSHA's 2006 Site-Specific Targeting plan (SST)1. The SST lays out what categories of companies OSHA considers high priority targets for safety and health inspections this year. It amounts to a veritable "Most Wanted" list for OSHA Compliance Officers. the following analysis should help businesses assess the likelihood of an SST inspection at their establishment. It is important to note that... [More Info]

The ethical dilemma of when and when not to resuscitate a severely premature infant at birth has plagued the health care profession for decades. The dual phenomena of increased medical litigation and advances in the care of sick babies have, unfortunately, blurred rather than clarified this problem for the provider faced with a critically ill neonate. On May 15, 2006 the American Heart Association/American Academy of Pediatrics Neonatal Resuscitation Program Steering Committee provided some... [More Info]

SIGNIFICANT CASE ALERT Amarillo Court of Appeals reverses $1,576,000 award in an Employers' Liability for Gross Negligence case, holding there was legally insufficient evidence to support the jury's determination that the employer possessed actual subjective awareness of the risk that caused the death of its employee.1 In the latest sign that courts are cognizant of the high standard of proof required in such cases, the Amarillo Court of Appeals recently overturned a verdict in excess... [More Info]

Electronic Data and Litigation: Resolving A Company's Obligation To Preserve Electronic Data for Production in Litigation By Mario Menendez1 What obligation does a company have to preserve electronic data for possible production in litigation? This question is at the center of an ever-growing debate over the discovery of electronic data.2 Companies without a clear standard for the preservation of such data cannot adequately prepare for litigation and are at a significant... [More Info]

Reminder to Employers: Post New Injury/Illness Summaries Today Beginning February 1, 2006, employers must post a summary of the total number of job-related injuries and illnesses that occurred in the prior year. Employers are only required to post the OSHA Summary Form 300A -- not the OSHA 300 Log -- from February 1, 2006 to April 30, 2006. Copies of the OSHA forms 300, 300A and 301 are available for downloading on the OSHA Recordkeeping Web page1. Employers who fail to post these... [More Info]

INTERLOCUTORY APPEALS IN TEXAS I. Overview A. In general, a party may only take an appeal from a final judgment. Northeast Independent School District v. Aldridge, 400 S.W.2d 893, 895 (Tex. 1966); see generally Tex. Civ. Prac. & Rem. Code Section 51.012 (jurisdiction of court of appeals). A few years ago, the courts were faced with a "persistent problem of determining when a judgment rendered without a conventional trial on the merits is final for purposes of... [More Info]

OSHA has recently named the healthcare industry as one of a handful targeted for intensified safety and health inspections in 2005.1 According to this directive, their inspections will focus primarily on ergonomic hazards relating to patient handling, exposure to blood and other potentially infectious materials, exposure to tuberculosis and slips, trips, and falls. In fact, nursing and personal care facilities make up the highest concentration of worksites on the targeted list for 2005. In... [More Info]

INTRODUCTION Shortly after the Occupational Safety and Health Act (the Act) was adopted in 1970, the Occupational Safety and Health Review Commission (the Commission) began having difficulty apportioning responsibility in situations where there was no direct connection between the employer controlling the site, and the employer creating the hazard. Moreover, employers who simply had employees exposed to the hazard, but neither had control over the employees or created the violation... [More Info]