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Employment Law

Warning: Draft clear compensation agreements to avoid needless litigation

03/01/2008
Texas contract law grants great leeway to employers that create incentive payment plans, especially when it comes to how employers calculate what payment is due employees. Essentially, if the incentive plan says the employer has the right to interpret the agreement language and its decision is final and binding, courts won’t interfere unless the employer interprets it in bad faith …

$15.6 million to former American Airlines employee

03/01/2008
A federal district court judge recently awarded $15.6 million to a former American Airlines employee who claimed a co-worker harassed her. Jamie Abrams alleged that she had received numerous “malicious, obscene, harassing, threatening and interfering phone calls” of a violent and sexual nature, occurring several times daily …

Texas company settles overtime claims for $1.56 million

03/01/2008
The U.S. Labor Department recently announced that McLane Co. Inc., a Temple wholesale distributor of food and grocery products, has paid $1.56 million to 570 current and former employees for wage and hour violations …

Dow Chemical pays $861,647 in overtime for employee training

03/01/2008
The U.S. Labor Department has announced that Dow Chemical of Freeport paid $861,647 in back wages to 648 operating engineers as a result of a federal investigation …

Jury awards $110,000 to female workers at Texas dry cleaners

03/01/2008
A federal jury in Houston has awarded $105,000 to Maria Ruiz, a teenage dry cleaning employee, plus payments of $5,000 to other female employees. The EEOC filed the suit in July 2007, alleging that Nazar Ali, the owner and manager of a dry cleaning company, sexually harassed the female employees he supervised …

New FMLA regulations clarify definitions, improve certification rules

03/01/2008

The U.S. Labor Department has published proposed FMLA regulations, which may change the way employers handle FMLA leave. The dual-purpose proposal includes changes to certain existing FMLA regulations and new military family leave entitlements …

Supreme Court Rules on the Admissibility of ‘Me Too’ Testimony in Discrimination Cases

02/26/2008
The U.S. Supreme Court issued a long-awaited ruling on whether employees can use so-called “me too” testimony when arguing their job-discrimination lawsuits. The high court showed some favor with the employees’ view, but sent the case back to the lower court for more review.

New FMLA Poster: Military Family Leave

02/13/2008
On Jan. 28, 2008, President Bush signed a law that extended FMLA rights to certain family members of U.S. military personnel. Covered employers are encouraged to post notification in their workplaces about these changes. The U.S. Labor Department has created a free supplemental poster that satisfies the notice requirements. Download the poster here …

Too hot to handle? Office romances need careful HR TLC

02/12/2008

Cupid’s arrow eventually flies into every workplace. Risks: Office romances can be disruptive and, even worse, open the door to legal problems. Action: Balance your need to reduce legal risks with a realistic view of employees’ lives. Stay away from trendy "love contracts."

FMLA, Workers’ Comp, ADA

02/11/2008

HR Law 101: One of the toughest problems for employers is figuring out which law applies to a particular condition: the FMLA, workers’ comp or the ADA. The relationship between the FMLA and other federal and state statutes is clear: The law that provides the greatest benefits to the employee applies …