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Employment Law

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.

Religiously affiliated organizations in Texas enjoy broad exemption from some lawsuits

06/27/2018
The ecclesiastical abstention doctrine essentially says that government cannot interfere unduly with how a religious organization operates. It provides protection for seemingly ordinary employment decisions that religious organizations make.

Remember the final step to make an arbitration agreement stick: Be sure to sign it!

06/27/2018
If you want to use arbitration to resolve employment disputes without going to court, you have to make sure you have done everything possible to make that agreement a binding, valid contract.

Beware retaliation against workers who testify

06/27/2018
Employees who testify on behalf of co-workers before the EEOC or in subsequent litigation are protected from retaliation. Be careful about how you treat employees following that kind of cooperation.

Typo in tax reform law could penalize harassment victims

06/27/2018
Last year’s comprehensive tax reform bill was rushed through Congress in record time. Predictably, that meant errors crept into the legislation—and some of them have had severe consequences.

Administration proposes combining DOL with Education Department

06/26/2018
The Department of Labor and the Department of Education would merge into one agency under a Trump administration proposal released June 21. The plan was announced as part of an effort to streamline Washington bureaucracy.

EEOC settles pregnancy bias lawsuit in San Diego

06/26/2018
Tarr & Zenith, a defunct dietary supplement company in San Diego, has agreed to settle charges it discriminated against two pregnant workers.

OSHA ain’t just blowing smoke on whistleblowing

06/26/2018
The U.S. Department of Labor’s Occupational Safety and Health Administration has ordered Chino, California-based Mr. Good Vape to reinstate a manager who reported alleged violations of federal safety laws in its production process.

Refuse a DOL subpoena, go straight to jail

06/26/2018
The owner of GT Drywall in Chino Hills, California, spent some time behind bars after a federal judge tired of his delaying tactics in an ongoing wage-and-hour investigation.

EEOC files disability bias suit against San Diego hotel

06/26/2018
Merritt Hospitality and HEI Hotels and Resorts, who together operate the Embassy Suites San Diego Bay, face an EEOC lawsuit alleging that the hotel failed to grant an asthmatic employee’s accommodation request.