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Employment Law

DOL may change Obama-era tip pool rule

09/06/2017
The Department of Labor has announced in its semi-annual Uniform Regulatory Agenda that it may scrap a tip-pooling rule enacted by the Obama administration. The existing rule bans using tip pools to share gratuities with workers who traditionally don’t receive tips, such as cooks and dishwashers.

EEO-1 form pay data scrapped

08/31/2017
The Trump administration is pumping the brakes on a new EEO-1 form that would have required employers to report aggregate information on how much they pay workers, broken down by gender, race and ethnicity.

EEOC takes aim at pregnancy discrimination

08/31/2017
What does the EEOC expect when employees are expecting? That employers will uphold their obligations under the Pregnancy Discrimination Act and Title VII.

‘How are things going?’ triggers new union election

08/30/2017
Eight years of an Obama-era Democratic majority at the National Labor Relations Board have brought about some counterintuitive decisions and pro-union outcomes. One of the latest is Mek Arden, LLC d/b/a Arden Post Acute Rehab (365 NLRB No. 109, 2017).

Disabled vet nominated to fill EEOC vacancy

08/30/2017
President Trump has nominated disabled Iraq War veteran Daniel Gade to serve on the EEOC.

Texas Workforce Commission wage claim ends FLSA case

08/30/2017
When a former employee asks the Texas Workforce Commission to order her former employer to cough up allegedly unpaid wages, the commission’s decision on what was owed can be used to end a Fair Labor Standards Act claim for the same pay.

Former Austin cop seeks $1 million for retaliation

08/30/2017
A former firearms instructor for the Austin Police Department has filed a retaliation lawsuit claiming the department retaliated against him for filing an EEOC discrimination complaint.

Brief, creepy overture doesn’t necessarily amount to sexual harassment

08/30/2017
Not every attempt at seduction becomes a sexual harassment case—as long as the employer takes appropriate action right away once it learns what happened.

HR has a duty to call out discrimination–which is why it’s protected speech

08/30/2017
HR professionals have protection against being fired for voicing legitimate concerns about discrimination and for refusing to engage in activities they believe may be discriminatory.

Retire or get fired? Prepare for lawsuit

08/30/2017
Because the choice between being fired or retiring isn’t entirely voluntary, a forced retirement is sometimes the legal equivalent of being fired. The employee may be able to sue for alleged discrimination even if she chooses to retire and receives retirement benefits.