They say that everything is bigger in Texas. That now may be true for the risk that an employer’s change to its overtime policies will result in a claim filed by an employee alleging retaliation in violation of the Fair Labor Standards Act (“FLSA”). That increased risk stems from a ruling by the Texas Court
Texas
DOL to Enforce Same-Sex Spouses FMLA Regulation In All But Four States
In our previous post, Same-Sex Marriage Partners Now Covered by FMLA, we reported on the final FMLA rule that expanded the definition of “spouse” under the FMLA to include employees in legal same-sex marriages. Although this rule took effect on March 27, 2015, a federal district court ruling in Texas left the status of…
Tangled is The Heart: U.S. Supreme Court Rejects “Mixed Motives” As A Basis For Retaliation Claims
By Ramona Carrillo on
Posted in Labor Law, Retaliation and Wrongful Termination
By: Chuck Post
In University of Texas Southwestern Medical Center v. Nassar, the Supreme Court held that employees must show that “but for” the employer’s desire to retaliate, the employee would not have suffered an adverse action (demotion, termination, etc.) against him/her. Lower courts had been split over whether the “but for” standard was…