Herrera v. NBS, INC.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that individual who was hired in, supervised from, provided a furnished office in, given business cards with a local phone number from, attended weekly meetings in, and spent half of his work week in El Paso, Texas had a “primary workstation” in Texas
• “finding motion to dismiss for lack of subject matter jurisdiction was really an attack on the merits of the claim, and construing it as a motion to dismiss for failure to state a claim under Rule 12(b)(6)”
• “The primary work station test focuses on the place where the work is actually performed, and disregards other factors such as the location where the plaintiff was hired, trained, or the location of the employees supervisors.”
• “Just as Title VII does not afford protections to those employed outside of the United States, the Texas Labor Code ‘does not apply to an employer with respect to the employment of a person outside [Texas].’”

Source: CourtListener parenthetical corpus (CC0).