— Workers' Rights Category Archives — Dallas Employment Lawyer Blog Published by Dallas, Texas Employment Lawyers

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.

But I Have a Recording! What Employees Need to Know About Consent Laws

October 9, 2025 | justia.admin

Dallas Employment Trial Lawyer Harjeen Zibari

Oftentimes, workers will come to me insisting that they have the evidence that will definitively prove their case: a recording. However, this can open a whole other can of worms that the worker did not even anticipate, and sometimes, that recording becomes more trouble than it’s worth.

In today’s workplace, it’s easier than ever to hit “record” on your phone when a meeting or conversation is happening. Some employees think of recording as a way to protect themselves—especially if they suspect harassment, discrimination, or unfair treatment. But before you press record, it’s important to understand that recording conversations at work can be legally risky.

Why employment law cases should be focused, not scattershot

May 9, 2025 | Austin Campbell

Dallas Employment Trial Lawyer Austin Campbell

Summary: This article discusses why it is strategically important for employees, when pursuing legal claims against their employer, to simplify their case as much as possible.

Many employees who come to us and explain that they believe their employer discriminated or retaliated against them state that they think there are multiple illegal reasons for their employer’s actions. For instance, someone might tell me they believe their employer fired them because of their age, because they have a disability, because they took FMLA leave, and because they previously reported the discrimination because of age.

Don’t Work for Free: Know Your Rights as an Employee in Texas

May 2, 2025 | Deontae Wherry

Dallas Employment Trial Lawyer Deontae Wherry

In Texas, every employee has the right to fair compensation for their work. You should never work for free, and it’s crucial to understand your rights regarding minimum wage, overtime pay, and regular payment schedules. This blog will inform you about these rights and what to do if your employer fails to pay you.

Minimum Wage

Why AI can’t give you real legal advice

August 5, 2024 | Austin Campbell

Dallas Employment Trial Lawyer Austin Campbell

Summary: AI is an amazing tool, but its use in the legal field is limited. This article cautions against people—lawyers or non-lawyers—becoming reliant on AI that fundamentally is not intelligent or able to meet the ethical standards of giving legal advice.

To say “Artificial Intelligence” is one of the hottest topics in today’s society is probably an understatement. From Google now putting AI-generated results first for most internet searches, to the creation of AI “assistants” to help write emails, to media companies having AI draft press releases or even full news articles, you probably see AI-generated language every single week.

Furry Colleagues: The Legal Implications of Bringing Pets into the Workplace

May 17, 2024 | Riley Carter

Dallas Employment Trial Lawyer Riley Carter

In recent years, the concept of bringing pets into the workplace has gained significant traction. For many, having their furry companions by their side during the workday brings a sense of comfort and alleviates stress. However, while the idea may seem simple and appealing, there are various legal considerations that both employers and employees need to take into account before implementing a pet-friendly policy in the workplace.

Health and Safety Regulations

Critique of the Supreme Court’s Code of Conduct: The Issue of Enforcement

November 16, 2023 | Robert J. Wiley

Dallas Employment Trial Lawyer Rob Wiley

The Supreme Court plays a crucial role for Texas employment lawyers representing employees due to its power to interpret and set precedents in federal employment law. Decisions made by the Court on issues like workplace discrimination, wage and hour laws, and employees’ rights under federal statutes directly impact the legal framework within which Texas employment lawyers operate. These rulings can either expand or limit the rights and protections available to employees in Texas. It is vital that the Supreme Court maintain the highest ethics of any court.

Sadly, I am unimpressed with the new Code of Conduct issued by the Supreme Court. While this initiative is commendable for attempting to consolidate ethical standards, it crucially falls short in one major area: enforcement.

The Importance of Hiring an Employment Attorney During the EEOC Process

July 28, 2023 | Deontae Wherry

Dallas Employment Trial Lawyer Deontae Wherry

When facing workplace discrimination or harassment, one crucial step employees can take to protect their rights and increase the likelihood of a favorable outcome is hiring an experienced employment attorney. The Equal Employment Opportunity Commission (EEOC) is responsible for investigating claims of workplace discrimination, and having legal representation during this process can be highly advantageous. In this blog, we will explore the reasons why it is best to hire an employment attorney while the EEOC investigates your case.

Legal Expertise and Guidance

Hair Discrimination Soon to Be Illegal in Texas

June 2, 2023 | Deontae Wherry

I’ve always found it puzzling why other people take offense at someone else’s hair. When I was a child, I was captivated by the diverse hairstyles chosen by my relatives. Some rocked dreadlocks, afros, cornrows, and braids. At one point, I even tried growing out my own hair in the hopes of getting braids. I saw it as a way to express my pride in my black heritage. Unfortunately, my hair never reached the desired length.

As a result, I settled for low-cut fades, and that became my signature look. People grew accustomed to seeing me with a low-cut fade. However, there were times when I could not get a haircut and had to sport a small afro. Surprisingly, some individuals joked about my hair being unprofessional. I had never considered the possibility of my hair being deemed unprofessional because I consistently applied oil, combed or brushed it with care.

As I matured, I embraced my culture even more. Witnessing successful black individuals unabashedly embrace their heritage inspired me to be my authentic self. Sadly, some individuals, especially black women, feel constrained and unable to fully express themselves due to concerns about judgment based on their appearance, hairstyle, or even their employability.

Anti-Poaching Agreements May Leave Employers with Egg on their Face

March 31, 2023 | Robert J. Wiley

Dallas Employment Trial Lawyer Rob Wiley

A no-poaching agreement is an agreement between two or more companies not to hire or solicit each other’s employees. It could be a contract between two companies in the same industry. It could be a contract between a company and a vendor.

It’s easy to see why employers might be tempted to use non-poaching agreements, particularly in a tight labor market with low unemployment. But the reality is that non-poaching agreements suppress competition for labor and limit employee mobility. This will result in lower wages and benefits for workers. This is particularly abusive to the worker who loses out on a job because the new employer is bound by an agreement the worker never signed (and may not even know about).