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Employment Law

Reason prevails: No need to warn of obvious hazards

10/06/2008

Employers who don’t sign up for the Texas workers’ compensation system can be sued directly by employees who are injured on the job. But that doesn’t mean every workplace accident will result in a damaging lawsuit judgment …

Texas congresswoman’s staffer loses discrimination case

10/06/2008

A federal court in Washington, D.C., has ruled against Elizabeth Howie, a 46-year-old black staffer for Rep. Eddie Bernice Johnson.  Howie claimed she was fired because of her race and age …

OSHA cites Austin linen firm, proposes $149,100 in fines

10/06/2008

OSHA announced in August that it proposed a fine of $149,100 against an Austin linen company for violating federal workplace safety rules. It cited Texas Linen Co. for one willful violation—failing to provide employees with a hepatitis B vaccination within 10 days of being assigned to handle soiled health-care linens …

Jury: AT&T discriminated against call center worker

10/06/2008

A Dallas County jury decided that AT&T created a hostile work environment and retaliated after a call center employee complained. The jury found that race was a motivating factor in AT&T’s repeated failure to promote Lakecious Edwards and awarded her $411,339.

Work rules can regulate some employee political advocacy

10/06/2008

On July 22, 2008, the National Labor Relations Board’s (NLRB) Office of the General Counsel issued a guidance memorandum addressing unfair labor practice (ULP) charges involving political advocacy. The impetus for the general counsel’s memorandum stemmed from a series of ULP charges filed in late 2006 involving employers that allegedly disciplined employees for participating in nationwide and local demonstrations …

Must we comply with a former employee’s request for thousands of e-mails?

10/06/2008

Q. A former employee wants copies of 18-months’ worth of e-mails. That would be an enormous undertaking. Do we have to honor the request? …

Pay for employee who works through lunch?

10/06/2008

Q. Must we pay a nonexempt employee who voluntarily works through lunch for the time, even though we never requested the extra work? …

Child support payments

10/06/2008

Q. Do we have to deduct child-support payments from employee wages? …

No liability if psych patient cleared to work

10/03/2008

Employers must reinstate employees following FMLA leave if a doctor says they are ready to return to work without restrictions. That’s true even if the serious health condition was a serious psychiatric problem. Fortunately, if the employee goes on to injure another employee, the medical release will protect the employer from negligent supervision claims …

Columbus tackles immigration reform this legislative session

10/03/2008

Surveys suggest that nearly two-thirds of Ohio residents consider illegal immigration a serious problem, and state lawmakers have responded with legislation. One bill currently before the Legislature would make English Ohio’s official language. Another would grant local police the authority to investigate immigration violations …