By: Linda C. Schoonmaker, Elizabeth L. Humphrey, Julia M. Tape, and Nikki Nobile*
On April 10, 2026, the Texas Supreme Court issued a closely watched decision in Texas Department of Public Safety v. Callaway, No. 24-0966, addressing when a disability is—and is not—protected under Chapter 21 of the Texas Labor Code. The Court held that an
Continue Reading Texas Supreme Court: Documented Conduct Showing Actual Job Impairment Is Key to Avoiding Disability Discrimination Liability
Seyfarth’s Future of Automotive Series
By William F. Benson and James C. McGrath
Seyfarth Synopsis: On June 25, 2024, the Motor Vehicle Regulation Advisory Committee of the Texas Department of Motor Vehicles (the “Advisory Committee”) rejected a rulemaking petition advanced by the Texas Automobile Dealers Association (“TADA”) requesting that the Department of Motor Vehicles (“DMV”) adopt new rules defining
Continue Reading Texas Motor Vehicle Regulation Advisory Committee Rejects Attempt by Texas Dealer Association to Overhaul Vehicle Allocation System
By Jesse M. Coleman, Eron Reid, Robert B. Milligan, and Michael Wexler
Seyfarth Synopsis: On May 3, 2024, the United States District Court for the Eastern District of Texas entered an Order staying the proceedings in Chamber of Commerce v. FTC by granting the FTC’s motion to apply the first-to-file doctrine, in which a district court
Continue Reading FTC Non-Compete Ban Lawsuits Update: Eastern District of Texas Stays Chamber of Commerce Suit in Favor of Ryan LLC as First-to-File
By Linda C. Schoonmaker and Eron F. Reid
Seyfarth Synopsis: We previously wrote about the procuring-cause doctrine here. As a refresher, the procuring-cause doctrine provides that a salesperson or other agent who contracts for a commission becomes entitled to payment of the commission when through his efforts he produces a buyer who is ready, able, and willing to
Continue Reading Asking Again-Do You Really Want to Keep Paying Commissions to the Salesperson You Fired? (Update)
By Darien Harris, Elizabeth L. Humphrey, and Tim Watson
Seyfarth Synopsis: Texas has joined a number of other states in prohibiting employers, including healthcare providers, from requiring their workforces to be vaccinated against COVID-19. As a result, employers in Texas must review their vaccination policies and could be faced with tough choices in the event of another significant
Continue Reading Private Sector Employers Face $50,000 Fine for Vaccine Mandates, New Texas Law Says
By Julia Tape and Linda C. Schoonmaker,
Seyfarth Synopsis: Workplace violence costs employers billions of dollars per year. More importantly, these incidents can cause immense physical and psychological harms to employees. The consequences of these harms impact productivity and morale, and can lead to individuals leaving the workforce. Compared to other job sectors, professionals working in the healthcare industry
Continue Reading Texas Takes the Lead in Addressing Workplace Violence in Healthcare Facilities
Seyfarth Synopsis: Natural hairstyles have become increasingly popular among Black Americans of both sexes. Despite their popularity, these hairstyles have been overregulated frequently in the workplace. To address this concern, Texas recently joined the ranks of twenty-one other states in passing the CROWN Act, which prohibits employers from discriminating against employees based on hair texture or hairstyle.
On May 27
Continue Reading Texas Joins Growing Number of States to Ban Natural Hair Discrimination
By Linda C. Schoonmaker and Darien C. Harris
Seyfarth Synopsis: The Dallas County Sheriff’s Department gives its detention officers two days off per week. Prior to April 2019, the schedules were based on seniority, with most officers preferring to take their two days off during the weekend. Sometime in April 2019, the Sheriff’s Department enacted a scheduling policy that
Continue Reading The Fifth Circuit May Broaden Its Definition of What Constitutes An “Adverse Employment Action” For Purposes of a Discrimination Claim. What Will That Mean For Employers?By Linda C. Schoonmaker and Eron F. Reid
Seyfarth Synopsis: Baylor Miraca Genetics Laboratories, LLC (“BMGL”) is in the genetic test business. BMGL sells its tests to its “channel partners,” who in return test specimens ordered by physicians. Brandon Perthuis became BMGL’s Vice President of Sales and Marketing in early 2015. The two-page employment agreement drafted by BMGL provided
Continue Reading Do You Really Want to Keep Paying Commissions to the Salesperson You Fired?
By Jesse M. Coleman and Owen Wolfe
A federal court in Texas recently provided useful insights on what constitutes “solicitation” by a former employee under that employee’s restrictive covenant with his former employer, and the court provided further insights on what inferences courts will, and will not, draw in favor of a plaintiff seeking a preliminary injunction based on alleged
Continue Reading Federal Court Provides Insight on Meaning of “Solicitation” and Plaintiff’s Burden on Motion for Preliminary Injunction