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Employment Law

Texas legislature considers bill to promote pay equity

03/07/2017
State Sen. Eric Johnson has introduced legislation that would bar employers from asking for an applicant’s salary history before making a qualified job offer that includes a proposed salary.

Rules entrapment can be considered retaliation

03/07/2017
If a worker files a harassment complaint and a supervisor decides to punish him by setting him up to violate a company rule, that can be retaliation. It doesn’t matter if the worker in question actually broke the rule.

High pay alone has no effect on employees’ exempt/nonexempt FLSA status

03/07/2017
Employers can’t assume that because an employee earns more than $100,000 per year and performs some duties that could arguably be considered exempt management tasks, they qualify for the FLSA’s so-called Highly Compensated Exemption.

Military-connected employees? It’s your duty to understand USERRA obligations

03/07/2017
USERRA extends workplace protection to those who return to work after active duty. Essentially under USERRA, those employees are no longer at-will employees; you may only terminate them for cause.

FMLA: You can require fitness-for-duty proof

03/07/2017
It’s perfectly acceptable to require employees who want to return to work following an absence to present a fitness-for-duty certificate from a medical provider. Just make sure you require it from all similarly situated employees.

Mental health accommodations addressed in EEOC guidance

03/03/2017
The ADA only covers mental health conditions if they constitute disabilities, meaning they substantially limit a major life activity.

No EPA claim if the jobs weren’t actually equal

03/03/2017
To win an Equal Pay Act claim, an employee must show that a similarly situated employee of the opposite sex was paid more. It’s not enough to merely claim that one sex generally earned more.

The one time it’s good for your handbook to be a contract

03/03/2017
An employer has won the right to pursue a contract counterclaim against a former employee based on a provision in the employee handbook.

Beware individual liability for wrongful terminations under Pennsylvania state law

03/03/2017
Under the Pennsylvania Human Rights Act, employees who are actively involved in termination decisions may be deemed personally liable for aiding and abetting violations of the law.

Document every aspect of ADA interactive accommodations process

03/03/2017
If the employee never requested modifications to an accommodation, he won’t be able to claim later that the employer didn’t engage in the interactive process. The fault would lie with the employee.