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Employment Law

Explain why you’re adding essential functions

05/09/2018
Business needs or employees’ personal circumstances sometimes change, necessitating a revision of a job’s essential functions to include additional tasks or qualifications. What happens if that means the incumbent holding the job can no longer perform those essential functions—especially if she’s disabled?

Keep some records from HR decision-makers

05/09/2018
Sometimes, it makes a lot of sense to build a virtual wall between HR staff who handle discrimination complaints and manage litigation and those who review applications and requests for promotion.

Prevent training misfires with follow-up

05/08/2018
Training isn’t enough. Without careful follow-up, your training efforts may backfire—badly! Consider what happened in early May at Albertsons, the national grocery store chain.

ADA & FMLA: Absence does not make the heart grow fonder

05/07/2018
A federal court in Texas has concluded that attendance can be considered an essential function of a job. A disabled worker who can’t make it to work with some regularity simply isn’t qualified; no amount of accommodation can fix that problem.

As early as possible, address every harassment complaint

05/07/2018
It’s essential to respond promptly to every harassment complaint.

Always engage qualified attorney to draw up employment contracts

05/07/2018
Here’s a reminder that drafting employment contracts is best left to the legal experts.

State Supreme Court won’t say probable sexual harassment violated Texas law

05/07/2018
In the era of #MeToo and #TimesUp, the Texas Supreme Court just refused to broadly define sexual harassment in the workplace. Instead, the court found that generalized harassment at work—even if it’s morally reprehensible—doesn’t necessarily violate the Texas Commission on Human Rights Act.

Rule requiring employees to speak only English at work may be race discrimination

05/07/2018
Take note if you have rules against speaking languages other than English at work: That could constitute race discrimination under Section 1981 of the Civil Rights Act of 1866.

You can’t dodge FLSA by forming 2nd company

05/07/2018
Ever thought you might be able to skirt the Fair Labor Standards Act’s overtime provisions by arranging for related entities to “share” the same employees? Courts aren’t likely to buy the arrangement.

Beaumont, Texas firm sued for firings based on costly medical risk

05/07/2018
Signature Industrial Services, a refinery services company in Beaumont, faces an EEOC lawsuit after it fired three brothers, allegedly because they have hemophilia.