Employment Law

The firm handles a broad variety of employment matters. The practice includes advising small businesses on compliance issues with labor and employment laws and advising businesses and employees in labor and employment litigation.

LAW JBH HANDLES THESE EMPLOYMENT MATTERS

  • employment discrimination under federal and state laws,
  • breach of employment agreements,
  • breach of non-competition agreements,
  • denial of benefits covered by employee benefits plans,
  • claims for unemployment benefits,
  • discrimination for filing claims for worker’s compensation benefits,
  • failure to pay wages and overtime,
  • employee vs. independent contractor classification, and
  • other employment issues.

DO EMPLOYMENT LAWS APPLY TO SMALL BUSINESSES?

Are you starting your own business in Texas and wondering whether you have any employment law issues? The answer is that you probably do even if you have not hired an employee yet.  Even small businesses can have employment law issues involving hiring, documentation required by government agencies, posters required, employee injury claims, unemployment benefits claims, discrimination claims, overtime pay claims, employment benefits claims, etc. Law JBH can also review and update employee handbooks.

WHAT IS EMPLOYMENT DISCRIMINATION?

Employment discrimination refers to discrimination by employers which our laws make illegal. All discrimination is not illegal, only discrimination for which there is federal or state law, statutory or common law, making it illegal. For example, if you wear a silver and black tie to your interview and you get denied employment in Texas because the employer does not like your tie, you are being discriminated against because of the color tie you wore. However, there is no law, state or federal, that makes it illegal to refuse to hire someone solely on the basis that they do not like your tie. Hence, you are being discriminated against, but since there is no law preventing this type of discrimination, then it is not illegal discrimination. There are many types of discrimination which our laws do forbid and some examples are as follow:

– Title VII of the Civil Rights Act of 1964 is a federal law that prohibits employers from discriminating against employees or applicants on the basis of sex, race, color, national origin, and religion. It generally applies to employers with 15 or more employees.

– Equal Pay Act of 1963 is a federal law which prohibits pay discrimination on the basis of gender.

– The Americans with Disabilities Act prohibits discrimination against people with disabilities or perceived having a disability.

– Family and Medical Leave Act of 1993 prohibits an employer for interfering with rights guaranteed by the FMLA or retaliating against an employee who exercises their rights under the FMLA.

– Texas Commission on Human Rights Act is the state law equivalent of Title VII. TCHRA prohibits an employer from discrimination against an employee on the basis of race, color, disability, religion, sex, national origin, or age.

– Section 451 of the Texas Labor Code prohibits an employer from discriminating against an employee for filing a workers’ compensation claim.   

If you have an employment related issue, contact Juan to schedule a free 15-minute initial consultation. Juan helps individuals and small business owners throughout South-Central Texas: San Antonio, Schertz, Selma, San Marcos, New Braunfels, Wharton, El Campo, and Bay City.