The Fifth Circuit Court of Appeals recently clarified that non-employees do not have standing to sue under Title VII, even if they are an object of intentional retaliation.
Category: Texas Employment Law
Can a Salary Reduction Make a Non-Compete Invalid?
An employer cannot wrongfully breach a provision of an employment contract that is favorable to the employee (such as reducing his wages without his consent and without contractual authority to do so) an then go into a court of equity to secure, by injunction, the enforcement of another provision favorable to it.”
COVID-19: How Is it Going to Affect Non-Compete Litigation?
Both employers and employees are wondering how COVID-19 will affect the litigation of the non-compete disputes around the country and whether the courts will be more or less likely to enforce such agreements in light of the nationwide health emergency and the drastic economic downturn.
When Do Employers Enforce Non-Compete Agreements?
Many companies in Texas have non-competition agreements with their employees, but not all companies enforce them. Some companies will sue the departing employees for violating non-compete agreements, even thought such agreement may not be valid under Texas laws. Others, will not bother with enforcement even though they have valid agreements on hand. The reality is that the validity of a non-compete agreement is only one factor in a company’s decision whether to enforce it.
COVID-19 Texas Employer Guide – Are Non-Compete Agreements Still Enforceable?
In Texas, the reason for termination of employment – whether it was for cause, without cause, a layoff, a reduction in force, or any other reason – does not affect the enforceability of a non-compete agreement. Therefore, employers should not assume that non-competition agreements are no longer enforceable and must carefully approach enforcement of such agreements against departing employees as well as the hiring of new employees who may be still bound by non-competition agreements with their former employers.
COVID 19 Texas Employer Guide – The U.S. Department of Labor Questions and Answers
The Department of Labor Wage and Hour Division answers Fair Labor Standards Act questions related to COVID-19, including whether and how employers must compensate employees for reduced hours work, telework, and additional expenses associated with working from home.