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Employment Law

Use crystal clear language in contracts when defining commissions, bonuses

12/07/2015

Do you pay some employees a bonus based on sales or hitting other quotas or targets? Make sure the agreement promising such bonuses is clear and unambiguous. Unclear language can result in you being tied up in years of litigation.

When can an employee’s transfer be considered illegal retaliation?

12/07/2015

To bring a case of retaliation for complaining about discrimination or harassment, employees must show that they suffered some sort of “adverse employment action” in response to their complaint. That’s easy if the employee is demoted, fired or transferred to a less desirable position. But what if the worker experiences more subtle retaliation, like having to do more work or being transferred to a potentially better position that doesn’t pan out?

EEOC sues amusement park in Austin for disability bias

12/07/2015
An Austin. TX.-area amusement park allegedly took a developmentally disabled janitor for a ride then booted him out of his job. According to an EEOC lawsuit, the man had worked for the company satisfactorily for four years despite having suffered a traumatic brain injury as a child.

Exempt status? Look at job duties, not title

12/07/2015
Too many employers make one key common mistake when deciding which employee to classify as exempt: They think calling a worker a “manager” or “executive” in the title is all it takes. Not true.

Employer gets to choose ADA accommodation

12/07/2015

The ADA requires employers and employees to discuss potential reasonable disability accommodations with each other. However, the bottom line is this: The employer gets to choose which accommodation to implement, not the employee. As long as the chosen accommodation is reasonable, the employee’s desires take no precedence.

EEOC netted $525 million for bias victims in FY2015

12/04/2015
The EEOC achieved record results in its enforcement efforts during fiscal year 2015, which ended Sept. 30.

Cheating on overtime pay: Can it mean jail time?

12/03/2015
In one state, at least, they’re getting very serious about the consequences of shorting employees on what’s rightfully theirs.

Hybrid labor model could fuel new economy

12/02/2015

Are you concerned about using independent contractors now that the U.S. Department of Labor has made it clear that workers are employees if they depend on one company for their livelihoods? If so, there may be some good news on the horizon.

Proof required to support discrimination claim

12/01/2015
Just because a fired worker and his boss are of different races doesn’t mean discrimination has occurred.

Petty annoyances aren’t reason enough to sue

12/01/2015
Some employees seem to believe they are owed a perfect workplace, free of all stress. They’re wrong.