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Employment Law

Tell bosses: Many subtle–and not so subtle–comments can add up to evidence of age bias

03/11/2015
Remind supervisors that when it comes to age discrimination, what they say matters. They should never comment directly on age, and should avoid references to “generational differences” or anything else that might be construed as code for age discrimination.

Carefully document discipline after FMLA leave

03/11/2015

When slapped with discipline shortly after taking FMLA leave, some employees jump to the conclusion that it’s retaliation for taking time off. That would be illegal, and could prompt a lawsuit. Don’t make their legal case easy.

Are employees allowed to picket my business?

03/10/2015
Q. A supervisor recently told me that some of my employees are planning to picket outside one of my businesses. Apparently, the picketers plan to block the building’s two exits with their vehicles in addition to picketing. Is this lawful?

Can I refuse to hire union members?

03/10/2015
Q. I am considering hiring an applicant to work at my steel refinery. The only problem is that he is affiliated with a local trade union, and I am doing everything I can to keep my business union-free. Can I refuse to hire him for this reason?

Niederland contractors can’t paper over misclassification

03/10/2015
Specialty Painting & Wall Covering and M&S Enterprises, both in Nie­­der­­land, have paid 22 painters and drywall installers $108,783 in overtime back wages following a U.S. Labor Department Wage and Hour Divi­­sion investigation.

$14 million award for Texas victims of human trafficking

03/10/2015
Five foreign guest workers who wound up in Texas will share $14 million as victims of human trafficking. The decision offers lessons for any employer using guest workers.

Factor past discipline into firing decision

03/10/2015
Employees fired for violating workplace rules can still sue over some alleged form of discrimination, even if they were indeed guilty of breaking company rules. Be ready to counter such allegations by always documenting exactly why you determined the employee should lose his job.

Still no word from DOL on release of new OT rules for supervisors

03/10/2015
The long-whispered, unofficial goal had been a February 2015 release of these new overtime rules. February came and went, and Labor Department officials are tight-lipped about when the rules will be released and what’s taking so long.

‘No’ vote on ambush union elections

03/10/2015
The Senate voted March 4 to spike a new National Labor Relations Board (NLRB) rule that critics say promotes “quickie” union elections.

Employee leave: When must you grant it to accommodate disabilities?

03/10/2015
The goal of leave is “to provide job-protected time in order to enable a qualified employee with a disability to manage his or her medical impairment and ultimately remain in the workforce.” Follow these guidelines when granting it.