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Employment Law

Ensure early-out incentives are equitable

10/07/2016
Often before an employer implements a reduction in force, it may try to encourage employees to resign or retire by offering early-out incentives.

Revisit accommodations if they’re no longer effective

10/06/2016
It’s perfectly acceptable to periodically review ADA accommodations to ensure they still work.

Manage return after intermittent FMLA leave

10/06/2016
When an approved period of intermittent FMLA leave is coming to an end, it’s up to employers to ensure that the transition back to regular work goes smoothly.

House votes to delay OT rules

10/04/2016
The House of Representatives voted 246 – 177 on Sept. 28 to delay by six months implementation of new Department of Labor overtime rules that are set to take effect Dec. 1.

Must we grant time off for drug rehab in Texas?

09/29/2016
Q. An employee recently tested positive for drugs during a random drug screening that we periodically administer to ensure that our employees are able to safely operate our systems. The employee admitted that he regularly used drugs, and would like to take several weeks off to participate in a rehabilitation program. Does Texas law require us to grant him time off?

DOL issues revised, more reader-friendly FMLA poster

09/29/2016
The U.S. Department of Labor has updated its FMLA poster to be more easily read by employees.

2nd union initiation fee OK

09/29/2016
Even if union members quit their union, they still have the right to be represented in workplace disputes.

Rejecting candidates, then leaving positions unfilled can trigger discrimination claims

09/29/2016
If you reject a qualified candidate but leave the position open while still seeking someone with similar qualifications, that’s an open invitation to be sued for discrimination.

There are pay suits and discrimination suits, but they’re not necessarily the same

09/29/2016
Employees who file EEOC suits can’t go back years with pay claims unless they can show some sort of continuing violation.  Merely having complained for years—even decades—about unfair pay isn’t enough.

New worker is older, too? That’s not age bias

09/29/2016
Unless there is some other direct evidence of age-related bias or harassment, it’s virtually impossible for an older worker to win an age discrimination claim if his replacement is also older.