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Employment Law

Portland, Texas restaurant settles retaliation case with DOL

12/12/2016
A Mexican restaurant outside Corpus Christi, Texas, has settled a Department of Labor lawsuit alleging it retaliated against a whistleblower employee.

Houston strippers to receive $1.1 million for pay violations

12/12/2016
The owners of four adult entertainment clubs in Houston will pay more than $1 million to settle a federal lawsuit filed against them by some of their dancers.

When ADA is at issue, attendance is job requirement

12/12/2016
The longer an injured employee stays out, the less likely the employer will lose an ADA lawsuit over a subsequent termination.

Even very small employers are probably covered by Fair Labor Standards Act

12/12/2016
Any employer that does at least $500,000 worth of business is probably covered by the Fair Labor Standards Aact.

Make sure job descriptions reflect reality

12/12/2016
If an employee can show that a job description isn’t accurate, the court may take her employee’s word for it.

Arbitration agreement applies after discharge

12/12/2016
A federal court has ruled that an arbitration agreement that purported to apply to just about all possible employment-related claims now and in the future can also apply to subsequent failure-to-hire claims.

Transfer, training aren’t adverse actions

12/12/2016
Transferring an employee to another position that pays the same and carries the same benefits as the original position is not an adverse employment action.

Shield promotion committee from previous complaints

12/08/2016
Make sure your promotion decisions aren’t tainted by irrelevant information—such as whether an employee has filed discrimination complaints in the past.

If you ignore whistleblowers, prepare to pay

12/08/2016
Two employers have recently learned this lesson the hard way.

Consistently apply progressive discipline

12/08/2016
Progressive discipline may end up becoming a trap for employers that don’t scrupulously honor the underlying purpose of the rule being implemented.