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Employment Law

Texas Supreme Court greenlights Bev Kearney’s lawsuit

07/13/2017
The Texas Supreme Court has ruled that a long-simmering sex and racial discrimination lawsuit filed by former University of Texas women’s track and field coach Bev Kearney can proceed.

Supreme Court to hear religious freedom case

07/13/2017
A Colorado baker who was sued for refusing to bake a cake for a same-sex wedding will get to argue his case before the U.S. Supreme Court. The court agreed to hear Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission in the term that begins this fall.

Top 10 FMLA and ADA issues employers must know how to handle

07/12/2017
When HR professionals are surveyed, they routinely rate the FMLA and the ADA as the two most difficult laws to deal with. Here’s a look at 10 of the most challenging FMLA and ADA issues HR struggles to handle.

EEOC sues Texas union for race discrimination

07/12/2017
The EEOC has sued a Texas school employees’ union, claiming it violated federal law when it fired two black organizers because of their race.

Huntsville, Texas camp settles pregnancy bias, ADA suit

07/12/2017
Carolina Creek Christian Camp in Huntsville has agreed to pay $70,000 to settle a pregnancy and disability discrimination lawsuit filed by the EEOC on behalf of a former employee.

States crack down on use of workers’ biometric data

07/12/2017
Do you collect biometric data on your employees? If so, be aware that more states are regulating how you collect, store and disseminate the sensitive information.

Changing nature of work affects seaman classification

07/12/2017
Generally, seamen aren’t covered by the Fair Labor Standards Act’s overtime provisions. However, it’s not as simple as one might think to decide who should be classified as a seaman.

Be on the lookout! Class-action participants may decide to file individual suits, too

07/12/2017
Ignoring notice about that case may put you on the losing end of a default judgment—or a second round of litigation.

Employees and contractors do same work? Be prepared to justify classifications

07/12/2017
Here’s a warning for employers that have regular employees and independent contractors who perform the same kind of work: If you pay the employees overtime when they work more than 40 hours in a workweek while contractors only receive straight time, you may end up facing a Fair Labor Standards Act class-action lawsuit.

Carefully analyze FLSA categories to make correct exempt/nonexempt call

07/12/2017
The Fair Labor Standards Act is now almost a century old. What hasn’t changed is the simple fact that trying to figure out the exempt or nonexempt status of a position requires applying the definitions of each exemption to the actual day-to-day work being done.