FMLA Fraud and Abuse

The Family and Medical Leave Act (FMLA) provides a great benefit to employees.  It allows qualified employees to take up to twelve weeks off of work unpaid to care for the employee or a family member suffering from a serious health condition. Some employees who suffer from medical conditions that arise without notice and sporadically […]

Johnston Tobey Baruch Attorneys Earn 2019 Texas Super Lawyers Honors: Chad Baruch among Top 100 Lawyers in Texas & Dallas area

All five shareholders in the trial and appellate firm Johnston Tobey Baruch were selected to the 2019 Texas Super Lawyers list, with firm shareholder Chad Baruch earning honors as one of the Top 100 lawyers in Texas and in Dallas-Fort Worth. A recognized constitutional scholar Mr. Baruch was selected for his appellate work. The firm’s […]

All Attorneys With Johnston Tobey Baruch Named to Best Lawyers in America

All five shareholders in the trial and appellate firm Johnston Tobey Baruch are recognized in the 2020 edition of The Best Lawyers in America, and three earned the distinction of being selected Lawyers of the Year for Dallas-Fort Worth. Firm managing shareholder Randy Johnston’s work with plaintiffs in professional malpractice solidified his selection as Lawyer […]

New Relief for Tax Fraud Whistleblowers

  Sometimes employees get gifts from the most surprising sources.  Here, it is President Trump and Congress. On July 1, 2019, President Trump signed the Taxpayer First Act into law. With this, Congress added protection for employees who blow the whistle on tax fraud similar to the whistleblower protections in the Sarbanes-Oxley Act and False […]

The Rights of Nursing Mothers

Texas mothers share a common concern after the joy and excitement of welcoming a new baby: What happens when they return to work after maternity leave? For nursing mothers, another concern is when and how they will be able to pump breast milk at work. While a woman in Texas may breastfeed her baby anywhere […]

Breaking The Golden Handcuffs

Breaking the Golden Handcuffs The Fifth Circuit recently issued a groundbreaking opinion, though there has been little fanfare or discussion about it. But for employees pursing certain kinds of contractual claims, this case will be a game-changer. We often see contracts with “golden handcuffs” terms. These terms arise in commission plans, bonus agreements, or other […]

Eat, Drink and Be Merry—Just Not Too Merry

The season of office holiday parties is upon us.  And, for an employment lawyer, it can be a business bonanza. Few events are fraught with more peril for both employers and employees than the office holiday party. How to minimize that peril? For the employee, the most important thing to remember is that your office […]

The Difficult Woman: A Vocabulary Lesson

The Atlantic’s David Frum recently tweeted:  “A female friend just lost a job for being ‘difficult.’ As she narrated what had happened, it struck me:  A difficult woman is one who asks for the things I get without having to ask for them.” When I read this, the description of his friend as a “difficult […]

Is the Difference Who Asks?

While one issue involving  equal pay claims gets much attention, an equally troubling issue flies under the radar. Yet, it deserves the same level of attention and scrutiny. The first highly publicized equal pay issue is whether an employer can rely on an employee’s prior salary as its legitimate and non-discriminatory reason to pay a […]