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Employment Law

OK to fire if employee is indefinitely unable to work for medical reasons

06/13/2017
An employee who had a long history of filing internal discrimination claims has lost a retaliation lawsuit. She alleged her employer retaliated against her when it terminated her after she missed work for medical reasons, an absence her doctor believed might last indefinitely.

ADA and Texas disability law differ: No state right to medical confidentiality

06/13/2017
Texas courts interpreting Chapter 21 of the Texas Labor Code generally attempt to interpret it consistently with federal anti-discrimination laws. They frequently look to federal court decisions for guidance. However, there are differences between Texas and federal anti-discrimination laws.

Texas Supreme Court rules on disability

06/13/2017
The Texas Supreme Court has reversed a lower court’s decision that urinary incontinence is not a disability under the state’s disability discrimination laws.

Document performance to beat bias claims

06/13/2017
When a fired employee claims he was the victim of discrimination, be prepared to show that the real reason for termination was poor performance. That requires keeping detailed documentation of any work deficiencies.

DOL tells staffers to stay home when Trump delivers speech at HQ

06/12/2017
In advance of President Trump’s planned June 14 visit to the Department of Labor, Acting Deputy Labor Secretary Ed Hugler sent an all-staff email urging DOL employees not to come to work that day.

DOL seeks to permanently rescind organized labor ‘persuader rule’

06/12/2017
The U.S. Department of Labor has announced plans to rescind a rule that would have required employers and labor-management “persuaders” to report contact with workers during union organizing campaigns.

Acosta: DOL to begin new round of OT rules revision

06/12/2017
Brace yourself for an epic do-over of the salary-threshold rules that determine which white-collar workers are eligible for overtime pay.

DOL pulls Obama-era wage & hour guidance

06/12/2017
The U.S. Department of Labor is pulling the plug on two pieces of informal guidance affecting independent contractor misclassification and joint employment that were issued during the Obama administration.

Invest in a timely, thorough investigation, or prepare to pay big damage award

06/12/2017
When employees complain about potential workplace discrimination and harassment, smart employers take it seriously. Nothing short of a thorough investigation will do. If you drop the ball and don’t take quick action, it could wind up costing your organization dearly.

No guarantee of same job after FMLA leave

06/08/2017
You may have to promote someone from within to do the work of the employee who has taken FMLA leave. But what about the employee who took FMLA leave? Isn’t he entitled to return to his old job? Not necessarily, as long as you can place him in an “equivalent” job with the same benefits and pay.