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Employment Law

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.

Justices may back job applicant in hijab case

03/10/2015
Abercrombie & Fitch had a bad day in court Feb. 25 when its lawyer squared off against skeptical Supreme Court Justices hearing oral arguments in a case involving a teenager who says the Muslim headscarf she wore to an interview cost her a job at the preppy retail chain.

Fired Texas news producer kills self outside Fox HQ

03/09/2015
An employee terminated from the Fox TV affiliate in Texas drove to New York City in January and shot himself outside News Corporation’s Midtown Manhattan headquarters.

NYC pawnshop pays full price to settle harassment complaint

03/09/2015
Seapod Pawnshops, with stores in Brooklyn and Queens, will pay $300,000 and sever ties with a former owner to settle sexual and racial harassment charges. Employees alleged that the former owner harassed them because of their sex, race and ethnicity.