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Employment Law

Firefighter afraid of fire: Is that an ADA-covered disability?

08/12/2014
Lots of people have a fear of running into a burning building. But what if a professional firefighter has such a fear that prevents him from doing his job? Is such a fear considered an ADA-protected disability that must be accommodated by the employer?

Not every employee call to complaint hotline counts as ‘protected activity’

08/11/2014
Federal law makes it unlawful to retaliate against employees who voice harassment or discrimination claims. Generally, employees who call hotlines are protected because the call itself is “protected activity.” But that’s not always the case.

Need to change an employee’s duties? It’s smart to document the reasons why

08/08/2014

Employers have the right to manage their workforces in the most efficient way possible—as long as they don’t discriminate. As a practical matter, that means employers should be aware of potential lawsuits when making significant workplace changes, such as reducing the workforce or reassigning work. When taking such actions, be sure to document the economic reasons for the changes.

Timing is everything in FMLA retaliation cases

08/06/2014
Here’s a hypothetical situation that shows how important it is to be aware of the calendar when dealing with the FMLA.

Obama order requires contractors to disclose past labor violations

08/05/2014

President Obama has signed an executive order that will force companies seeking to do business with Uncle Sam to reveal whether they have violated any labor laws within the last three years. The order comes on the heels of other administration actions designed to compel federal contractors to adopt more worker-friendly policies.

NLRB shakes up joint-employer landscape

08/04/2014

The National Labor Relations Board’s lead attorney has determined that franchisors and franchisees—in this case, of the McDonald’s fast-food chain—can be named joint employers when workers file unfair labor practices charges. The decision could reverberate far beyond franchise businesses, aiding organized labor’s efforts to unionize low-wage workers and raise their pay.

Are we liable for male-female pay disparities?

07/31/2014
Q. The company that I own has been in business since 1930. We recently performed an assessment of positions and salaries and discovered that our male executives are paid higher salaries than female counterparts. Are we liable for any unfair business practices?

How far can I go to ban guns at work?

07/31/2014
Q. As the owner of a Texas company, I want to institute a policy that strictly forbids employees from bringing guns to work—both into the office building and in the parking lot outside. Can I legally draft such a policy?

Electrical company’s strong-arm tactics shocking

07/31/2014
Corpus Christi-based Nueces Elec­­tri­­cal Co-Op has agreed to pay a former employee $46,920 in back pay and damages after it forced him to retire and tap his 401(k) retirement fund instead of granting him FMLA leave.

Fort Worth rehab center settles disability bias suit

07/31/2014
The Fort Worth Center for Reha­­bil­­i­­­­tation will pay a rejected job applicant $30,000 to settle a disability dis­crimination suit filed by the EEOC. The EEOC alleged the center failed to accommodate a certified nursing assistant’s disability when conducting a pre-employment drug screen.