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Employment Law

Discrimination based on transgender status still not illegal in Texas

01/05/2015

While there is growing acceptance of same-sex marriage and homosexuality in the United States, being transgender is still not a protected status under federal law. That may be changing in the coming years, but there is as yet nothing preventing a Texas employer from discriminating against a transgender applicant or employee, as the following case shows.

Austin rates as one of best cities for LGBT rights

01/05/2015
Austin scored a perfect 100 in the Human Rights Campaign’s annual rankings of American cities with local laws and policies that protect lesbian, gay, bisexual and transgender people from discrimination.

Never skip ADA accommodations process

01/05/2015

When an employee returns to work with restrictions after an illness, he or she may be disabled and entitled to reasonable ADA accommodations. Don’t make a mistake and skip the interactive accommodations process, even if you believe no accommodation is possible. You are still required to consider the possibility before taking action like terminating the employee.

Never ignore lawyer’s advice on classification

01/05/2015
If your lawyers have told you that you have misclassified an employee, ignoring that advice can be used against you. The opinion becomes evidence of a willful violation, making the employee eligible for the bonus payment.

ERISA: Overview

01/05/2015

HR Law 101: The Employee Retirement Income Security Act of 1974 (ERISA) governs the administration of employee benefit plans and the rights of plan beneficiaries. While many tend to associate ERISA only with retirement benefits, the law covers many other areas …

Can you refuse leave for nonreligious church events?

01/04/2015
During Christmas and Hanuk­­kah, some of your employees may have requested time off to attend religious services—as federal law allows them to do. But what if an employee wanted to go to church not for a religious service, but for a holiday sing-along or some other church event. Can you legally say “no”—or would that be considered discrimination?

Discrimination: Title VII

01/04/2015

HR Law 101: Title VII of the Civil Rights Act of 1964 prohibits discrimination against workers on the basis of race, color, religion, sex or national origin. An array of federal and state laws further refine the definition of discrimination …

Civil Rights Act: Overview

01/03/2015

HR Law 101: The Civil Rights Act of 1964 bars discrimination based on race, national origin and religion. The law applies to all employers that have at least 15 full- or part-time workers and includes U.S. companies that employ Americans abroad …

Fair Labor Standards Act: Overview

01/03/2015

HR Law 101: The Fair Labor Standards Act (FLSA) covers the federal minimum wage, rules on overtime pay and child labor regulations. Since the U.S. Department of Labor recently overhauled the overtime rules, it’s critical to make sure you’re properly classifying workers as exempt or nonexempt …

Sexual Harassment: Overview

01/03/2015

HR Law 101: Sexual harassment is a form of sex discrimination prohibited under Title VII of the Civil Rights Act of 1964. Courts are increasingly taking a dim view of employers that don’t take decisive action to prevent sexual harassment …