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Employment Law

Prepare to counter retaliation claim after child abuse report

10/06/2017
Under Texas law, employees who report alleged child abuse are protected from retaliation for doing so. Being discharged within 60 days after such a report creates a rebuttable presumption that retaliation occurred. Be prepared to rebut that presumption if you decide to terminate the employee within that time frame.

NLRA doesn’t bar unrelated arbitration

10/06/2017
The National Labor Relations Act lets workers file unfair labor practice complaints with the National Labor Relations Board. But that doesn’t mean employers can’t have workers sign arbitration agreements for employment-related claims, according to a recent federal court decision.

Supreme Court tackles workplace arbitration

10/05/2017

The first day of the U.S. Supreme Court’s 2017-2018 term may go down as “an epic day for employers,” according to court-watchers analyzing oral arguments in a case that will likely decide the extent to which employers can compel employees to arbitrate work disputes instead of taking class-action lawsuits to court.

House bill to reverse Browning-Ferris advances

10/05/2017
Legislation that would overturn the National Labor Relations Board’s 2015 Browning-Ferris decision has been approved by the House Committee on Education and the Workforce.

HR services firm settles misclassification charges

10/03/2017
Zenefits FTW Insurance Services, an HR management software service based in San Francisco, has settled charges it misclassified 743 account executives and sales people as exempt from minimum wage protections. Workers in both California and Arizona were affected.

Emeryville, Calif. adopts minimum wage, paid sick leave regs

10/03/2017
Two years ago, Emeryville, Calif. passed its Minimum Wage, Paid Sick Leave, and Other Employment Standards Ordinance. Now the city manager has released the regulations implementing the ordinance.

Necessary psych exam doesn’t violate ADA

10/03/2017
Under some circumstances, an employer may be fully justified in requiring an employee to undergo a psychiatric or other medical exam. Doing so won’t violate the ADA if it is job related and consistent with business necessity.

Note business reason for demotion to prove it wasn’t discrimination or retaliation

10/03/2017
Before an employee can sue his employer for discrimination, he usually has to show that he was subjected to some sort of adverse employment action. Under the right circumstances, that can include being moved into a position the worker considers demeaning, such as being forced to work for someone he once supervised.

Beware one-sided arbitration agreements, which courts are liable to toss out

10/03/2017
Arbitration agreements can be a great way to save time and money on litigation should an employee accuse you of violating employment laws. But unless the agreement is properly drafted, it can be struck down.

Stress lawsuit OK’d even after workers’ comp

10/03/2017
The workers’ compensation system is supposed to make it easy for employees who are injured at work to get benefits. They don’t have to sue: If they can prove they were hurt at work, they receive benefits.