Category Archives: Employment Litigation

Avoiding landmines with employee leaves of absences under the ADA, FMLA, and Worker’s Compensation

Posted on September 28, 2011 in Consulting, Employment Litigation

 Employees may seek a leave of absence under the Family and Medical Leave Act (“FMLA”), the Americans with Disabilities Act (“ADA”), or the Texas Workers’ Compensation Act (“TWCA”), and in some cases, under several or all of these statutes simultaneously.  … Continue reading

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Avoiding Pitfalls with 1099 Workers

Posted on March 15, 2011 in Employment Litigation

Perhaps the most common misconception in employment law is this: by paying someone as an independent contractor, an employer avoids liability under various federal and state laws.  For example, the overtime requirements of the Fair Labor Standards Act (FLSA) only … Continue reading

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Winning Unemployment Claims

Posted on December 1, 2010 in Employment Litigation

Winning unemployment claims starts with the same advice my wife regularly shares regarding our three children: pick your battles. Employers should first ask whether particular claims for unemployment are worth fighting. When is a person ineligible for unemployment benefits? The … Continue reading

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