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Resourceful defense attorneys have tried a few legal tactics to help employers defend against wage-and-hour class-action lawsuits. One strategy is to “tender an offer of judgment” to the named plaintiff before the case gets to the collective-action certification stage. Unfortunately, the 3rd Circuit Court of Appeals has removed this arrow from defense counsels’ quiver.
When an employee files for bankruptcy, he’s supposed to list any claim he has against an employer as an asset—for example, a lawsuit that requests monetary damages. But what happens if the employer files for bankruptcy? Does the employer have to list any claim against it as a liability?
Public employees don’t lose their rights to free speech just because they work for a government agency. They retain the right to speak out on matters of public importance, and they can’t be punished for exercising that right. That’s why, if you work for the government, you should warn supervisors against any action that smacks of punishing employees for speaking out.
Texas employers have long been frustrated with the expense of defending against frivolous claims. Even when employers win a lawsuit, litigation can cost thousands in legal fees and lost productivity. Now at least some help is on the way. The Texas Legislature has passed the much-hyped “Loser Pays Law.”