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Employment Law

Substandard work before FMLA leave? Beware retaliation suit for later poor reviews

10/08/2015

Don’t think that just because an employee was a poor performer before she requested FMLA leave, a poor review after the request can’t be retaliation. If there is other evidence of retaliation (like a direct statement that FMLA leave was a factor), then the previous poor performance won’t be much of a defense.

Beware subtleties of ‘regarding as disabled’

10/08/2015

Employers can be liable under the ADA if they “regard” someone as disabled—that is, assuming and acting as if the person has a disability. That’s true whether the worker is disabled or not. Telling an employee she should pick up medical forms to apply for disability benefits and sending her home until she does apply probably means the employer regarded the employee as disabled.

Harassment victim wins suit, comes up $832 million short

10/07/2015
A jury in New York City has awarded a  woman $18 million in her sexual harassment lawsuit against her former Wall Street boss.

Halliburton to pay more than $18 million for FLSA violations

10/06/2015
In one of the largest recoveries of overtime wages in recent years for the U.S. Department of Labor, oil and gas service provider Halliburton has agreed to pay $18,293,557 to 1,016 employees nationwide.

Know the risks when hiring third-party workers

10/05/2015
After the NLRB’s recent decision regarding its new, broader standard for “joint employer” status, it’s time to brush up on the consequences of the joint employer doctrine when engaging third-party contractors.

Suburban Dallas bar settles pregnancy bias complaint

10/05/2015
Arthur’s Bar & Restaurant in Addison, Texas, has agreed to settle a pregnancy discrimination complaint for $20,000.

Oilfield services firm settles retaliation suit for $30,000

10/05/2015
Garrison Contractors, a West Texas oil-industry construction company, has agreed to settle charges it retaliated against a female employee after she reported sexual harassment.

Slightly lower evaluation rating isn’t retaliation

10/05/2015
To constitute retaliation for engaging in protected activity, an employer has to do something that would dissuade a reasonable employee from complaining in the first place. A poor evaluation, by itself, isn’t enough.

Fired for gun in trunk: Can employee sue?

10/05/2015
A court is about to tackle a tricky issue: Does a state law authorizing employees who park in company lots to keep guns locked in their trunks also create a right to sue if the employee is fired for gun possession?

Not so fast! Texas whistle-blowers must pursue internal remedies before they can sue

10/05/2015

Texas law requires public employees who are fired by their employing agency to pursue internal appeals of that decision. Otherwise, they can’t sue in state court over alleged wrongful discharge for whistle-blowing. Government employers should make sure they raise that defense if they don’t have any record of the worker making an internal appeal.