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Employment Law

Cost of blind faith in medical test: $4.4 million

06/28/2018
A $4.4 million hit to the corporate checking account just reminded an Illinois employer that the ADA requires an individualized assessment of disabled employees’ ability to perform their jobs.

Supreme Court: Public sector workers can’t be forced to pay union fees

06/27/2018
Expect the decision to substantially weaken public-sector unions—which traditionally support Democratic candidates—as this ruling likely means the unions will likely see a large drop in funding.

3 questions on pay equity

06/27/2018
Where does the fight over pay equity stand? … How should we adjust to this trend? … What should we do now to ensure pay equity?

The top 10 FMLA mistakes that regularly trip up employers

06/27/2018
Despite many courts’ attempts to make the FMLA into the next statute where attorneys utter the dreaded answer of “it depends,” some common mistakes can be avoided.

Midland, Texas company must pay $1 million for pregnancy bias

06/27/2018
Brinkerhoff Inspections will pay over $1 million for the actions of its HR manager at its Midland, Texas facility after a federal jury returned a verdict against the oilfield services company.

Texas House establishes anti-harassment work group

06/27/2018
A bipartisan team of 10 legislators will continue the Texas House of Representatives’ battle against sexual harassment within the halls of the Texas Capitol.

DOL rejects senators’ request for harassment study

06/27/2018
The U.S. Department of Labor has refused to help a group of Democratic senators seeking to determine the overall impact of workplace sexual harassment on the economy. Now the legislators, led by Sen. Kirsten Gillibrand of New York, have turned to the Government Accountability Office for assistance.

DOL busts Bernie’s Burger Bus

06/27/2018
The companies that own the Bernie’s Burger Bus restaurant chain in Houston will have to pay $62,754 after investigators from the U.S. Department of Labor’s Wage and Hour Division discovered a scheme to divide workers’ hours between two limited liability corporations to deprive them of overtime pay.

Texas Supreme Court: FMLA leave doesn’t bar unemployment

06/27/2018
The Texas Supreme Court has decided someone on unpaid FMLA leave may be eligible for unemployment benefits.

You get to choose which promotion criteria to favor

06/27/2018
When setting promotion criteria, feel free to give educational attainment more weight than years of experience on the job. It’s your call.