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Employment Law

The ‘new’ ADA: How to handle employee disabilities

09/16/2018
When Congress expanded the Americans with Disabilities Act in 2009, it broadened the circle of people eligible for ADA rights even wider. That has led to a spike in people filing ADA-related legal claims. Here’s what managers need to know about the ADA:

Murphy Oil will funnel $100,000 to former manager

09/13/2018
A San Antonio-area Murphy Oil gas station will pay $100,000 to a manager it fired, settling charges it violated the ADA when it failed to accommodate his disability.

EEOC lawsuit? Be sure to track when employee filed

09/13/2018
Generally, an employee has 90 days after receiving an EEOC right-to-sue letter to file a federal discrimination lawsuit. But counting out just 90 days may not be good enough.

In retaliation cases, passage of time matters

09/13/2018
Sometimes, a worker who files several discrimination claims will argue that any subsequent punishment was retaliation. Fortunately, the more time that passes between the complaints and the discipline, the less likely he will be able to claim retaliation.

Expect disability-related lawsuit to be a long, drawn-out slog through court

09/13/2018
When it comes to disability discrimination cases, early dismissal is unlikely. That’s mainly because it takes testimony to sort out whether the employee who is suing has a severe enough ailment or condition to substantially affect major life activities.

Rely on Motor Carrier Act to exempt drivers? Show you’re engaged in interstate commerce

09/13/2018
Some workers are covered by the Motor Carrier Act exemption, which essentially says that workers involved in trucking that crosses state lines don’t have to be paid overtime. But recent court decisions have narrowed that MCA exemption, requiring employers to clearly prove they are engaged in interstate trucking.

Beware firing health care whistleblowers

09/13/2018
Texas state law protects health care workers and others from discharge for reporting potential health and safety violations to their employer or an outside agency. Firing someone who made a good-faith whistleblowing report can backfire badly.

Can’t accommodate religion? Prove hardship

09/13/2018
Once the employee shows her need for religious accommodation, the burden shifts to the employer to show that it is unable to accommodate the religious need without undue hardship.

Lunch break pay dispute costs Lubbock, Texas hospital $200K

09/13/2018
University Medical Center in Lubbock, Texas, has agreed to pay 197 emergency room employees $199,175 to settle charges it deducted 30 minutes of paid time from each employee’s time card whether the employee took lunch or not.

Pearce again tapped for NLRB

09/13/2018
President Trump has nominated Mark Gaston Pearce to serve another term on the National Labor Relations Board.