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Employment Law

Popeyes pays for chickening out on HIV-positive applicant

10/07/2014
A Popeyes Chicken franchise in Tyler has agreed to settle an EEOC disability discrimination suit filed on behalf of an applicant who had several years of experience in the restaurant business. The alleged reason he wasn’t hired: His HIV status.

Beware ‘demotions’ that merely strip duties

10/07/2014

Employees alleging discrimination or retaliation for engaging in protected activity have to show they suffered an adverse employment action. Typically, that means they were fired, demoted or transferred to a less desirable position. But what if the employer simply removes responsibilities, even as the worker retains his title, pay and benefits?

Use independent contractors? Check out new DOL guide

10/07/2014
The U.S. Department of Labor and state labor agencies are getting tough on employers that misclassify employees as independent contractors. To help employers sidestep some common errors on this issue, the DOL has published a revised fact sheet on classification under the FLSA.

DOL’s final rule raises contractor minimum wage to $10.10 per hour

10/07/2014
The U.S. Department of Labor has announced a final rule that raises the minimum wage for workers on federal service and construction contracts to $10.10 per hour. The final rule, which applies to federal contracts beginning on or after Jan. 1, 2015, implements a White House executive order announced in February.

High Court to hear religious dress code case

10/06/2014
The U.S. Supreme Court has agreed to hear a case that will decide whether a job applicant must specifically request an accommodation before an employer can be held liable for having a dress code that prohibits religious attire or grooming practices.

He never applied; but can he still sue for hiring bias?

10/06/2014
In most cases, people who file discrimination lawsuits (age, race, sex, etc.) based on hiring decisions are people who applied and were officially rejected. But what if someone simply believes the employer would favor one gender—and he never actually applies? Can that person still sue for hiring discrimination?

The hot lawsuits of 2014: Discrimination, harassment

10/01/2014
A survey asked: “In which of the following areas has your organization seen the most employee lawsuits or class action over the past year?”

Court: Don’t send FMLA notices via snail mail

09/30/2014
Typically, courts have recognized the “mailbox rule,” in which documents sent by regular postal mail are assumed to have reached the designated person. But a federal appeals court ruling is making employers question whether sending FMLA notices via regular mail is still acceptable.

Onboarding: How to prevent confidentiality breaches by new hires

09/29/2014
Although most employers are sensitive to the need to protect their own company’s confidential information, they may not be as attuned as they should be to the other side of the coin.

Is an employee entitled to take FMLA leave to care for her hospitalized adult child?

09/26/2014
Q. Would FMLA leave apply to an employee who requests leave time to care for her daughter who is over age 21 and married? The daughter’s illness required hospitalization, but her husband is overseas on active duty with the military.