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Employment Law

Filing deadline begins with accommodation denial

01/31/2018

Workers have just 300 days following an alleged violation to file an EEOC complaint claiming ADA disability discrimination. The clock starts ticking when the reasonable accommodation the employee requested is turned down, even if the employer then provided a different accommodation instead of the requested one.

Talk to your lawyer before switching to commissions

01/31/2018

If you are thinking of establishing a system of commissions to create new sales incentives, consult your attorney first. Errors are common.

Guard against retaliation any time employee makes internal complaint about pay

01/31/2018

When a worker complains about being underpaid, that may be protected activity and punishing the worker for complaining may be retaliation. Advice: Take all compensation complaints seriously. Make sure supervisors don’t retaliate.

Make arbitration agreements separate documents, not part of your handbook

01/31/2018
If, like many employers, you have neglected updating your employee handbook, now is a good time to do so. That’s particularly true for Texas employers that use arbitration agreements to keep employment law disputes out of court.

Ensure harassment reporting policy is clear

01/31/2018

If you require employees to report alleged harassment, you have some legal protection if you take prompt action to stop the misconduct. However, if the reporting process is confusing, contradictory or otherwise ineffective, it may not benefit you at all.

Most victims of sexual harassment never report it

01/30/2018

Thanks to the #MeToo movement, more victims are feeling empowered to come forward about workplace sexual harassment, but according to a new CareerBuilder survey, the majority continue to keep quiet.

Robb wants to add NLRB appointees

01/30/2018

The National Labor Relations Board’s top attorney wants to add a new layer of management between headquarters staff in Washington and the NLRB’s 26 regional offices.

Pennsylvania bill would restrict noncompetes

01/26/2018

A bill before the Pennsylvania General Assembly would make Pennsylvania one of the states most hostile to noncompete agreements. Pennsylvania House Bill 1938 would prohibit all “covenant[s] not to compete,” other than those resulting from the sale of a business or the dissolution of or dissociation from a partnership or limited liability company.

Allegation of ‘lesbianism’ too vague to persuade court

01/26/2018

Vague sexual harassment allegations aren’t enough for lawsuits.

Accommodation requests can affect unemployment benefits

01/26/2018

How you handle disability accommodation requests may determine whether a worker receives unemployment compensation if you terminate her after she’s used up all her leave.