— Employee Rights Category Archives — Page 2 of 9 — Dallas Employment Lawyer Blog Published by Dallas, Texas Employment Lawyers

Texas Sales Representative Act provides rare protections for contractors

December 29, 2025 | Austin Campbell

Dallas Employment Trial Lawyer Austin Campbell

Summary: This blog briefly discusses what it means to be an independent contractor or employee. In particular, it goes over some special rights afforded to sales representatives who are contractors in Texas.

In employment law, a lot can turn on whether you are considered an employee or an independent contractor. Legally, whether someone is an employee and not an independent contractor largely depends on the level of “control” the employer has over the person’s day-to-day work. The more freedom someone has to set their own schedule, control their own work quality, use their own supplies, and choose where or with whom they want to work, the more likely they are to be an independent contractor and not an employee. On the other hand, whether your employer labels you a contractor or issues a Form 1099 to you at the end of the year are relatively unimportant. Although on paper being a contractor can sound great, unfortunately some employers may deliberately misclassify employees as contractors.

Episodic Medical Conditions in the Workplace

November 19, 2025 | Robert J. Wiley

Rachel Bethel Dallas
Trial Attorney

Many workers live with medical conditions that are episodic in nature. Symptoms might present only during periods of flare-ups or relapses that interrupt otherwise stable health.

Such conditions may include multiple sclerosis, seizure disorders, severe migraines, bipolar disorder, mood disorders, Crohn’s disease, and autoimmune disorders.

Can I Record Conversations at Work?

October 29, 2025 | justia.admin

Rachel Bethel
Trial Attorney

You’re in an awful work environment. Your boss is making retaliatory remarks. Or maybe a coworker is sexually harassing your friend. You would like to know if you can legally record conversations at work.

I’ve had a number of potential clients ask me this question at their consultation with our firm. The answer is more nuanced than a simple “yes” or “no.” As with many legal questions, the details matter. Recording conversations without understanding the law can have serious risks.

Free Speech in the Private Workplace: What Employees Should Know

October 27, 2025 | justia.admin

Dallas Employment Trial Lawyer Harjeen Zibari

When Americans think of “free speech,” they often think of the First Amendment. And it’s true-the First Amendment is one of our most cherished constitutional rights. But when it comes to your job, especially in a workplace that is privately owned and not part of the government, your rights may not be what you think they are.

Here’s what every employee should understand about free speech in the workplace.

When the Workplace Turns Spooky: Retaliation and Disability Discrimination in Texas

October 24, 2025 | Robert J. Wiley

Dallas Employment Trail Lawyer Ellie Johnston

October is here—pumpkins on porches, costumes in the stores, and a chill in the air. But for many Texas employees, the real scare isn’t haunted houses or ghost stories. It’s the fear of speaking up at work. When employees exercise their rights—whether requesting a disability accommodation or reporting unfair treatment—they too often face retaliation. And that’s more frightening than anything you’ll find in a corn maze.

In this post, we’ll look at how disability rights and workplace retaliation intersect, what protections the law gives Texas employees, and what steps you can take if your employer crosses the line.

Should I Do My Own Research?

October 22, 2025 | Cassidy Monska

Dallas Employment Trial Lawyer Cassidy Monska

In today’s digital age, information is everywhere. A quick Google search can yield thousands of results on any legal topic – from wrongful termination to workplace discrimination. Social media platforms are flooded with advice, personal stories, and even legal opinions. And yes, even AI tools like ChatGPT can provide insights on employment law. But when it comes to protecting your rights and navigating the legal system, one question remains: Should you do your own research, or should you rely on a lawyer? The answer is not as simple as “don’t Google it.” Research can be helpful, even empowering. But it is not a substitute for legal counsel. Here’s why.

The Internet Isn’t a Lawyer

When FMLA Isn’t an Option: Your Guide to Taking Leave in Texas

October 20, 2025 | Deontae Wherry

Dallas Employment Trial Lawyer Deontae Wherry

You have just learned that a loved one needs serious medical care—or maybe you are facing a health crisis of your own. You go to HR, hoping to take time off under the Family and Medical Leave Act (“FMLA”), only to hear:

“You’re not eligible.”

Fifth Circuit Invalidates the NLRB: What are the Implications?

October 17, 2025 | Austin Campbell

Dallas Employment Trial Lawyer Austin Campbell

On August 19, 2025, the Fifth Circuit Court of Appeals, which is the federal appellate court over Texas, ruled that the National Labor Relations Board—the independent federal agency that oversees union elections and protects the rights of workers to organize and discuss the terms and conditions of their employment—was structured in an unconstitutional way. The decision is SpaceX et al. v. National Labor Relations Board, No. 24-50627. This decision is all but guaranteed to lead to a showdown at the U.S. Supreme Court, where it could potentially upend massive amounts of rulings both by courts and the NLRB itself, as that agency has been around for nearly 100 years.

The NLRB employs a number of Administrative Law Judges to decide “unfair labor practice” cases before the Board. These are not “Article III” federal judges like the ones who decided this case, but employees of the Board who decide disputes that are filed with the Board. This is not an uncommon structure in how federal agencies work. For instance, all of the immigration judges who have been in the news lately deciding whether to deport asylum seekers are so-called “Administrative Judges,” a slightly different category.

Understanding the PUMP Act: History, Protections, and Practical Guidance for Employees

October 15, 2025 | Riley Carter

Dallas Employment Trial Lawyer Riley Carter

The PUMP Act, short for Providing Urgent Maternal Protections for Nursing Mothers Act, represents an important step forward in workplace protections for nursing employees. Signed into law in December 2022, the Act significantly expands and strengthens the rights of breastfeeding workers in the United States. Below, we’ll walk through the history of the law, the protections it provides, its limitations, and what employees should know about exercising their rights under it.

The History Behind the PUMP Act

Don’t Wait Until It’s Too Late – Why Employees Should Contact an Attorney Early When Facing a Workplace Dispute

October 13, 2025 | justia.admin

Rachel Bethel – Trial Attorney

Workplace issues can start subtly: a passive-aggressive comment, a suspicious change in workload, or a shift in how management treats you. Many employees hope these problems will work themselves out or go away eventually. However, waiting too long to get legal guidance can make things worse & potentially limit your options later on.

Whether you’re facing discrimination, retaliation, or a hostile work environment, speaking with an employment attorney early in the process can be one of the smartest moves you make.