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Carmen & Ashley Named to 2015 Texas Super Lawyers “Rising Stars” List.

By Tremain Artaza PLLC |

Carmen and Ashley have both been selected again to the 2015 Texas Super Lawyers list. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers… Read More »

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Family And Medical Leave Act (FMLA)

Same-Sex Couples Now Covered by FMLA

By Tremain Artaza PLLC |

The Department of Labor has issued new FMLA Regulations on the definition of ‘Spouse’ – same-sex couples whose marriages are recognized in the “place of celebration” (i.e., the state or country in which they were married) are now afforded the same family leave protections as other couples under the Act: http://www.shrm.org/…/fed…/pages/fmla-spouse-final-rule.aspx

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Another Case Confirms the Employer’s “Heavy Burden” in FMLA Cases

By Tremain Artaza PLLC |

Another employee who claimed she was fired for taking FMLA leave has survived summary judgment. A federal district court in Ohio confirmed that an employee’s burden of providing notice of the need for leave “is not heavy” and that an employer has the burden of clarifying any uncertainty on whether the employee intends to… Read More »

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Supreme Court Affirms Whistleblower Protections

By Tremain Artaza PLLC |

This morning, the Supreme Court released its opinion in Department of Homeland Security v. MacLean (Case No. 13-894). The facts of the case were quite simple: Robert J. MacLean was an air marshall with the TSA. In July 2003, the TSA briefed all federal air marshals—including MacLean—about a potential plot to hijack passenger flights…. Read More »

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Texas Bill Targets Gender Identity, Sexual Orientation Bias

By Tremain Artaza PLLC |

A Texas representative this week introduced a proposal that would ban discrimination by state contractors on the basis of sexual orientation or gender identity, the latest of a handful of bills seeking to expand equal rights protections. H.B. 582, filed Monday by Rep. Chris Turner, D-Grand Prairie, would prohibit contractors hired by any state… Read More »

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Man and The Family and Medical Leave Act FMLA law.

No “Magic Words” Needed to Trigger FMLA

By Tremain Artaza PLLC |

When an employee requests leave, the employer’s responsibilities under the Family & Medical Leave Act (“FMLA”) are triggered if it has “knowledge that an employee’s leave may be for an FMLA-qualifying reason.” 29 CFR 825.300(b)(1). Once it has that information, it must provide the employee with an FMLA Eligibility Notice within five business days…. Read More »

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When are Your Coworkers “Similarly Situated” to You?

By Tremain Artaza PLLC |

Employees commonly rest their discrimination cases on a showing that “similarly situated” coworkers were treated more favorably. For example: an employee with an age discrimination claim might argue that he was disciplined for being late, while his younger coworkers were not. That fact doesn’t matter in court, however, unless he can show that the… Read More »

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Saks Fifth Avenue Says Trans Identity Is Not Protected

By Tremain Artaza PLLC |

Leyth Jamal, a transgender female, filed a federal lawsuit against Saks Fifth Avenue, claiming she was exposed to a hostile work environment when she was employed there. On December 29, 2014, Saks filed a motion to dismiss the case, arguing that trans identity is not protected under the law. The Department of Justice has… Read More »

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San Francisco 49ers Sued for Age Discrimination

By Tremain Artaza PLLC |

Former 49ers managers Anthony Lozano and Keith Yanagi were fired when they were both in their late 50s. According to the complaint, the 49ers let go a number of senior managers in 2011 and 2012 to make room for younger employees from Silicon Valley. The fired employees are now suing the team, alleging age… Read More »

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California Rejects a Restrictive Employment Contract

By Tremain Artaza PLLC |

Robert Half, a well-known staffing company, had an unusually aggressive contract clause to restrict its departed employees. Specifically, paragraph 13 of Robert Half’s employment contract said: “After termination of Employee’s employment with Employer, Employee shall not indicate on any stationary, business card, advertising, solicitation or other business materials that Employee is or was formerly… Read More »

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