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Employment Law

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.

Several great candidates is a good problem!

07/12/2017
Bad news: A qualified applicant you rejected may be disappointed enough to sue. Good news: Courts aren’t going to second-guess your choice among great candidates unless it is abundantly clear that you rejected someone based on discriminatory intent.

Tell bosses not to gloss over performance deficiencies

07/12/2017
Some supervisors hate including negative feedback in performance reviews of good employees. But nearly everyone has some room for improvement. It’s up to HR to insist on accurate evaluations, including negative feedback when warranted.

OK to discipline even after worker complains

07/12/2017
Some employees may not realize it, but filing an internal discrimination or harassment complaint doesn’t create immunity to legitimate, unrelated discipline.