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Employment Law

Track who made discipline recommendations

02/10/2020
If you leave discipline and termination decisions to specific managers, be sure to track who has input in those decisions. If you don’t conduct a thorough and independent investigation into the underlying reasons, you may end up rubber-stamping a discriminatory recommendation.

Labor Department issues two new wage-and-hour opinion letters

02/07/2020
In January, the Department of Labor’s Wage and Hour Division issued two opinion letters addressing wage-and-hour issues under the Fair Labor Standards Act. One involves discretionary bonuses while the second addresses whether some extra payments for exempt workers may affect their exemptions.

Settlement with EEOC puts Compass Group on right path

02/07/2020
Compass Group USA, a food service company that operates a dining facility at the University of Texas’ Medical Branch in Galveston, has settled an EEOC sex discrimination lawsuit for $10,000.

Beat potential discrimination lawsuits by documenting rationale for reorganizing

02/07/2020
Employees whose jobs are eliminated during a reorganization sometimes suspect that they got the axe because of some discriminatory reason. Then they sue. But employers don’t have to worry too much about those lawsuits—if they have documented the underlying reasons for the reorganization.

Court: USERRA only protects seniority-based benefits for military-connected employees

02/07/2020
A federal court differentiated between benefits that are based on seniority and those that are based on work already performed. Only seniority-based benefits continue to accrue while the military member is called to active duty or training.

Employer entitled to know nature of disability

02/07/2020
When the EEOC invites an employer to settle a case alleging disability discrimination, the employer can demand to know the specific disability the applicant or employee has. That’s the conclusion a federal judge reached in a recent case.

Oilfield firms pay $1.2 million to settle race bias charges

02/07/2020
Nabors Corporate Services and its successor, C&J Well Services, both oil-industry firms based in Houston, have agreed to pay a class of nine black workers and one white worker $1.2 million to settle race discrimination and retaliation charges.

DOL: Texas Panhandle pipeline workers got the shaft

02/07/2020
A multinational pipeline repair corporation underpaid employees working on a project in the Texas Panhandle town of Borger, according to investigators from the U.S. Department of Labor’s Wage and Hour Division.

Check employee’s EEOC filings for missed deadlines

02/06/2020
Employers should always check EEOC complaints to make sure the deadline was met. If more than 300 days have passed, and the employee still sues, you can usually get the case tossed out.

OK to expect better behavior from managers

02/06/2020
While a subordinate might be excused for a minor rule breach, his supervisor could legitimately be disciplined for breaking the same rule. Just make sure your handbook outlines this greater expectation.