News and Articles

News and Articles

What to do if your employer is requiring you to get the COVID vaccine.

Get the vaccine.  You will stay employed, as well as lower/eliminate your chances of getting COVID and spreading it to others. ... Read more

Are you owed unpaid wages or overtime?

Click here for more information  ... Read more

EEOC updates guidance on COVID-19 and the ADA, addressing vaccinations

On December 16, 2020, the EEOC updated its guidance on COVID-19 and disability-related matters. See here - https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws.This recent update was primarily to account for issues concerning vaccinations, which employers may be allowed to require, subject to some exceptions and accommodations. ... Read more

Texas Laws Protect Nurses from Wrongful Termination and Other Adverse Employment Actions

Remember that nurses have rights! Nurses are obligated to protect patients and report potential violations or misconduct.  A nurse’s license could be at risk if he/she fails to act appropriately.  The Texas legislature has created laws to protect nurses in their employment to discourage retaliation for their compliance with the Nursing Practice Act and other laws.  The following are a few key laws that all nurses should be aware of: Section 301.352 of the Texas Occupations Code prevents ... Read more

What is employment discrimination or wrongful termination?

Many employees who have been fired feel they have been "discriminated" against and want to sue for wrongful termination. However, there are only a handful of terminations that are truly unlawful, such as those based on one's sex, race, disability, age (if over 40), or religion. Or those who have been retaliated against based on engaging in a protective activity (such as complaining about harassment or possible discriminatory treatment based on one of the above reasons, or complaining about wage ... Read more

Supreme Court rules that employers cannot discriminate against employees based on sexual orientation

On June 15, 2020, the U.S. Supreme Court issued a major landmark ruling that holds that Title VII prevents discrimination based on sexual orientation in the workplace.  Finally, now gay and transgender employees may pursue sex discrimination claims. The full decision (Bostock v. Clayton County) can be accessed here - Bostock decision.Notable quotes from the decision:"An employer who fires an individual merely for being gay or transgender violates Title VII.""An employer violates ... Read more

Severance agreements – mass layoffs, RIFs, and other terminations

Given both the Coronavirus outbreak and the downturn in the oil/energy industry, companies are firing or laying-off employees in large numbers in Texas.  As part of these efforts, employees are being offered severance agreements in exchange for waiving rights to sue and releasing all claims against their employers.  These companies are required to comply with numerous state and federal laws, and it may be important to consult with an employment attorney before signing these severance agreements ... Read more

Impact of the Coronavirus in employment situations

The Coronavirus (COVID-19) pandemic is creating numerous employment-related issues for employees and employers.  While some laws remain the same, governments are creating new laws or modifying existing laws to deal with the emergency.The Families First Coronavirus Response Act goes into effect on April 2, 2020 (corrected by DOL guidance - new effective date is April 1, 2020).  The new law, creating the Emergency Family and Medical Leave Expansion Act, expands the FMLA, and applies to all ... Read more

Terminations and furloughs due to COVID-19 or the oil crash

Employees and executives in the Houston area are beginning to feel the immediate impact of both the Coronavirus pandemic and the oil crash.  Employers are terminating or furloughing employees, and they must abide by several legal requirements.Contact Sud Law P.C. (info@sudemploymentlaw.com) now for a consultation.General information about recent employment-related laws based on COVID-19 can be found here.  ... Read more

Department of Labor issues new overtime rules

On September 24, 2019, the DOL issued its final rule for new thresholds to exempt employees from overtime pay. Details can be found by clicking here. The changes will make 1.3 million more workers eligible for overtime pay. The rule goes into effect on January 1, 2020; however, expect the rule to be challenged. A few major changes created by the new rule are:raising the “standard salary level” from the currently level of $455 per week to $684 per week (or $35,568 per year);raising the ... Read more