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Employment Law

Napolitano: Work site enforcement, border security connected

11/02/2009

Work site enforcement efforts directly support the Department of Homeland Security’s border security measures, Secretary Janet Napolitano said at a recent border-security conference. She said keeping illegal immigrants from crossing the U.S.-Mexico border depends on making sure employers don’t hire undocumented workers …

OSHA proposes $237,500 in fines against refinery

11/02/2009

OSHA last month announced it has issued $237,500 in proposed penalties against a Big Springs oil refinery accused of cutting corners on safety. The fines will be levied against Alon USA after an OSHA inspection found numerous safety violations.

DFW-area firm settles harassment suit for $60,000

11/02/2009

Greater Metroplex Interiors, a Southlake drywall and light construction company, has agreed to settle claims that it fired a female employee in retaliation for her complaints about sexual harassment and gender discrimination.

Supreme Court’s new term: Arbitration, disparate impact on docket

11/02/2009

Several cases on the U.S. Supreme Court’s docket this term involve employment and labor-related issues. One of the most notable of these will decide how much time plaintiffs have to file a lawsuit when they believe they have been unfairly penalized by hiring tests. Other cases will resolve issues involving an alleged whistle-blower, pension benefits, race discrimination and labor arbitration.

Should we change our policy to require that all harassment complaints be made in writing?

11/02/2009

Q. Our new plant manager wants me to revise our sexual harassment policy to require employees to submit complaints in writing. He says this will formalize the procedure and help ensure that only valid complaints are filed. I don’t think this is a good idea. Is it?

Can we require an exempt employee to use vacation time to coach his son’s sports team?

11/02/2009

Q. One of our supervisors wants to coach his son’s basketball team and has asked to leave work an hour early twice a week. We told him we do not have a problem with leaving early, but that he would have to use vacation time to cover the time lost. He refuses to do that and says we cannot dock his pay for the two hours because he is a salaried supervisor. Is that right?

Must we accommodate beliefs that don’t seem particularly ‘religious’?

11/02/2009

Q. We have an employee who claims to be a witch. She contends that witchcraft is her religion and has asked for certain holidays off. Are we required to accommodate this employee’s request?

Keep memos, other documents leading up to discipline

11/02/2009

You never know which employee is going to be the one who will sue over discipline. But one thing is certain: When she does, you’ll need every bit of documentary evidence you can find to justify your decision.

Must we honor 8-hour limit for arthritis?

10/31/2009

Q. An employee brought in a doctor’s note that said, “Employee can work only eight hours a day due to arthritis.” I don’t think that’s an ADA disability. Is it a violation of ADA if we don’t honor this restriction?

Ruby Tuesday should say ‘goodbye’ to age bias in hiring

10/30/2009

Perhaps the irony is lost on those who don’t remember the ’60s. Ruby Tuesday Restaurants—named after an early Rolling Stones hit—has been charged with violating the ADEA by refusing to hire applicants over age 40. If allegations by the EEOC are true, Mick Jagger himself couldn’t get hired at the store’s franchises …