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Employment Law

McAllen, TX moves to put harassment case behind it

05/01/2014
The city of McAllen seems to be turning a page with the departure of an assistant city manager. The official had previously filed a sexual harassment complaint against a former city manager who retired in March.

AA Foundry drops appeal of EEOC harassment case

05/01/2014
A San Antonio ironworks has decided to drop its two-year-old fight with the EEOC over allegations that it harassed black workers.

Never link absences to employee’s disabled relative

05/01/2014
Here’s an easy way to avoid unnecessary litigation: If you are disciplining an employee for missing too much work, don’t tie absences to a disabled relative’s condition. If you do, you may end up losing an association discrimination case.

Don’t try to recoup overpayments in FLSA suit

05/01/2014
Some employers end up overpaying for time worked when, for example, employees continue to draw a paycheck while home on some sort of leave. But if you happen to face an FLSA lawsuit over unpaid overtime, don’t expect the court to let you credit those overpayments when it’s time to compensate unpaid overtime hours.

Court rules: Texas state employees can’t sue over ‘self-care’ under the FMLA

05/01/2014

A federal court has concluded that Texas state employees who take FMLA leave for their own serious health conditions can’t later sue their state agency over that leave. That’s because Texas has sovereign immunity from such claims.

Key to maintaining contractor status: Don’t exert too much control over the work

05/01/2014
There’s a fine line between spelling out expectations and unduly controlling exactly how contractors and subcontractors do their jobs. If you use too heavy a hand, those workers you consider to be independent contractors can morph into employees. And that can mean expensive litigation.

Disabled employee does job successfully? Then no ADA accommodation is required

05/01/2014

Under some limited circumstances, employers may be obligated to suggest reasonable accommodations for struggling workers who have obvious disabilities that appear to interfere with their ability to perform essential job functions. But that’s really only true for em­­ployees whose disabilities are obvious and limit the employee’s ability to speak up for himself.

Beware lawsuits from contract workers, too

05/01/2014
Some employers mistakenly believe that having employees work on a contractual basis will save them from litigation. If they decide not to renew the contracts of workers considered “trou­­blemakers,” they figure they can avoid being sued. That’s a big mistake.

Worker refuses to follow directions? OK to fire

05/01/2014
Employees don’t have the right to decide which directions they must follow. Unless there are clearly extenuating reasons (safety concerns, for example), you can and should discipline workers who refuse to cooperate.

In Philly, ‘Pete’s Tax’ refund to employees: $8.5 million

04/30/2014
The Philadelphia-based Chickie’s and Pete’s sports bar and restaurant chain has agreed to settle charges it stole tips from employees and failed to pay the federal minimum wage.