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Employment Law

Lawsuit claims misclassification? It could become a costly class-action case

11/15/2017

When one or two employees claim that they have not been paid overtime because they were improperly classified as exempt, they don’t need much evidence to turn the case into a class-action lawsuit.

No ADA violation if accommodation is found outside interactive process

11/15/2017

If an employee doesn’t engage in the interactive accommodation process, instead offering up his own idea for a reasonable accommodation, does the employee still have the right to file a claim alleging failure to engage in the interactive process?

Beware Texas Occupations Code retaliation

11/15/2017

A nurse who makes a report under the Texas Occupations Code is protected from discipline because of that report. Discipline within 60 days is presumed to be retaliation. However, employers can rebut this presumption by showing the discipline was not related to the report.

Be ready to explain lower pay after complaint

11/15/2017

When employees complain about discrimination or some other employment law violation, that’s generally considered protected activity. Punishing them in a way that affects pay may be unlawful retaliation.

Dallas TV station sued for age discrimination

11/15/2017

The EEOC is suing the parent company of KTVT in Dallas for age discrimination after the station hired a younger, less experienced applicant for a traffic reporter position.

8th Circuit rules on preemption

11/14/2017
The 8th Circuit Court of Appeals has ruled that a state’s employment laws barring discharge for whistleblowing isn’t preempted by the Airline Deregulation Act.

EEOC cuts backlog to 10-year low

11/14/2017

The EEOC trimmed its backlog of discrimination and harassment cases by 16.2% in fiscal year 2017, which ended Sept. 30.

NLRB general counsel confirmed

11/14/2017

The Senate has confirmed Peter Robb to become the National Labor Relations Board’s general counsel. The general counsel acts as the board’s top prosecutor.

Snapshot: Retaliation claims have skyrocketed

11/14/2017

The number of retaliation complaints the EEOC receives each year has increased 86% since 2006.

Court: No defense for quid pro quo harassment

11/14/2017

With sexual harassment in the news, a ruling handed down last month by the 2nd Circuit Court of Appeals should worry employers used to avoiding liability by showing that they take reasonable steps to prevent harassment.