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Employment Law

Public employers aren’t immune to FMLA reinstatement requirements

09/02/2008

Public employers aren’t required to abide by all sections of the FMLA because they have limited immunity from federal lawsuits. For example, state employees taking leave under the FMLA’s self-care provisions can’t sue for money damages. But recently the 5th Circuit Court of Appeals has ruled that immunity does not extend to a claim for reinstatement after an employee takes FMLA leave …

Don’t let disability assumptions lead you to believe employee can’t work at all

09/02/2008

Employers that wrongly regard injured employees as disabled by refusing to consider them for any open positions may be setting themselves up for “regarded as disabled” litigation. The ADA makes it illegal to discriminate against employees by assuming they are disabled when they are not …

Don’t sugarcoat reason for termination

09/02/2008

Sometimes, you just know that the reason a supervisor offers in a memo or e-mail for wanting to fire someone is going to look suspicious if the employee ever sues. If you can’t persuade the supervisor to reconsider, resist the temptation to help sugarcoat the situation with a neutral-sounding reason. It will only make matters worse when the employee’s lawyer inevitably discovers the memo or e-mail …

EEOC files bias suit on behalf of Sikh worker

09/02/2008

The EEOC recently filed a lawsuit against the Champion National Security Firm in Richardson, alleging the Texas company did not hire a Sikh who refused to shave his beard and remove his turban. The EEOC is seeking punitive damages, back pay and compensation for pain and suffering caused to Sukhdev Singh Brar …

Appeals court overturns $33 million verdict against hospital

09/02/2008

In 2006, a federal district court let stand a verdict for $33 million in favor of Dr. Lawrence Poliner, a cardiologist who sued Presbyterian Hospital of Dallas and several hospital physicians after they suspended his hospital privileges for five months following a review of his work.  In a highly anticipated decision, the 5th Circuit Court of Appeals has overruled that verdict …

DOJ and EEOC sue El Paso to enforce settlement agreement

09/02/2008

The U.S. Department of Justice and the EEOC have filed a complaint to enforce a mediation settlement agreement the EEOC entered into with the Housing Authority of the city of El Paso  …

What’s up in Washington: Minimum wage, child labor penalties

09/02/2008

Two key federal laws have changed, affecting how employers handle wage-and-hour issues. A new federal minimum wage went into effect in July, and civil penalties for child-labor law violations increased in May. Here is a summary of each development …

Calculating overtime when the workweek doesn’t correspond to pay periods

09/02/2008

Q. We pay our workers every two weeks. How should we calculate overtime? …

Do temp employees lessen liability?

09/02/2008

Q. We use a full-service employee leasing company. Are we exposed to liability for employment claims brought by leased employees? …

Handle with care if older employee’s performance slips

09/02/2008
When some employees approach retirement, they begin to coast. They may think that there’s no way their employer will let them go at their age, assuming management will be afraid of an Age Discrimination in Employment case. The truth is, that worker isn’t untouchable. Here’s how to handle the situation when you discover the employee is still coming to work but has mentally retired …