Houston Texas Attorney Articles List View

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 ...

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 ...

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 ...

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 ...

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 ...

The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in Federal, State, and local governments. Overtime pay at a rate of not less than one and one-half times their regular rates of pay is required after 40 hours of work in a workweek. Although certain classes of employees are exempt from the FLSA requirements, most employees are entitled to be paid overtime. A ...