Employment & Business Lawyers

we specialize in sexual harassment cases . . . 

overtime wage claims . . . 

and employer retaliations 

have you or someone you know been subject to discrimination or harassment at the workplace?

type of cases we handle

Discrimination 

  • Race,  Color,
  • Religion or Creed
  • National origin or ancestry
  • Sex, including gender, pregnancy, sexual orientation, and gender identity
  • Age
  • Physical or mental disability
  • Veteran Status
  • Genetic Information
  • Citizenship

WAGE AND HOUR

  • Minimum Wage 
  • Overtime wage 
  • Breach of Contract for Unpaid Wages
  • Severance Agreements
  • Employee Misclassification 
  • Equal Pay 

RETALIATION

  • Termination
  • Demotion
  • Reduction of Hours
  • Reassignment 
  • Relocation

Common Issues in Employment Cases 

Employee v. contractor

The determination of whether an individual should be considered an employee versus an independent contractor requires careful consideration of several factors.  Simply because the employer classified an individual as independent contract does not prevent legal challenges. 

Exempt or nonexempt

Certain employees may be exempt from minimum wage and overtime pay requirements.  The burden is on the employer to prove exemption under the law. Rule of thumb should be that all employees are subject to overtime pay unless they fall within one of the known exemptions.

at will 

The default rule in Texas is that absent a contract, an employee is considered at-will.  This means that employers are free to terminate employees for any number of reasons or no reason at all.  So long as they do not violate state or federal employment law.  It also means that the employee may terminate the employment relationship as well. 

arbitration agreements

Many employment agreements contain arbitration clauses.  Normally your right to file a lawsuit in a court of law is waived along with your right to a jury trial .  

noncompete or non solicitation

These types of agreements are intended for use by the employer to limit certain competitive activites of an employee when the employment relationship ends.  They often can limit the employees ability to earn a living.

reasonable accomodations

Federal law requires that your employer provide you with reasonable accommodations for your disability if you are able to perform your job otherwise.  

laws prohibiting discrimination

Federal Laws

The primary federal laws prohibiting employment discrimination are: 
  • Title VII of the Civil Rights Act of 1964
  • Americans with Disabilities Act of 1990
  • Rehabilitation Act
  • Age Discrimination in Employment Act of 1967
  • Genetic Information Nondiscrimination Act of 2008
  • Uniformed Services Employment and Reemployment Rights Act
  • Section 1981 of the Civil Rights Act of 1866
  • Equal Pay Act of 1963
  • Immigration Reform and Control Act of 1986

state law

The primary Texas laws prohibiting employment discrimination are: 
  • Texas Commission on Human Rights Act
  • Texas Government Code Section 437.204 

statutes prohibiting retaliation

Federal Laws

There are several federal statutes that prohibit retaliation in the workplace.
  • Section 1981 of the Civil Rights Act of 1866
  • Age Discrimination in Employment Act
  • Employee Retirement Income Security Act
  • Fair Labor Standards Act
  • Equal Pay Act
  • Affordable Care Act
  • Family Medical Leave Act
  • Genetic Information Nondiscrimination Act
  • Immigration Reform and Control Act
  • National Labor Relations Board
  • Occupational Safety and Health Act
  • Rehabilitation Act
  • Sarbanes-Oxley Act
  • Title VII 
  • Uniformed Services Employment and Reemployment Rights Act
  • Whistleblower Protection Act
  • National Defense Authorization Act
Employment Law

Lets Talk!

We're here to help

Give us a call, and tell us a little bit about your case.  One of legal assistants will be able to tell you whether its something we can help out with or not.  

(956) 287-3743
Employment Law