PRACTICE POINTERS
The Top 7 Things To Know About Employment Law Right Now BY AUSTIN KAPLAN #METOO
Austin Kaplan is the founder of and managing attorney at Kaplan Law Firm, PLLC, an employment law and civil rights boutique. He is chair of the Austin Bar Pro Bono Committee and immediate past president of the Austin Young Lawyers Association. www.myworklawyer.com
#MeToo is here to stay, causing C-suite resignations,1 enhanced EEOC activity, and increased awareness of how pervasive sexual harassment and assault are. However, the long-term effect on Texas employment law remains unclear.2 In 2017, the Texas Supreme Court held that employees may hold employers responsible in tort for physical sexual assaults by their vice principals.3 Employees at most workplaces also have the long-standing right to be free from sexual harassment. To preserve those claims, employees must usually file a charge within 300 days of the harassment.4 All employers should review their policies and renew their harassment training.
Representing Attorneys
Gaines West
WAGE AND HOUR/OVERTIME
Fair Labor Standards Act (FLSA) claims for unpaid wages and overtime continue to dominate employment law filings. Employees should be vigilant about their pay. Employers should consider a review of pay practices. Target jobs include: tipped employees, warehouse workers, drivers, oilfield workers, and legal secretaries and paralegals!
WRONGFUL TERMINATION/ RETALIATION
Most employees are at-will, meaning they can be fired for good reason, bad reason, or no reason at all, but not for an illegal reason. State and Federal Statutes protect race, color, religion, national origin, gender, pregnancy, disability, age (over 40 years old), veteran status, and others.5 Employees may
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