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Employment Law

Researchers: ACA will improve incomes of poor

02/28/2014
The ACA will raise household incomes for the poorest fifth of Americans, while higher income groups will experience small losses, according to a new Brookings Institution study.

If business takes a turn for the worse, do we still have to hold job after FMLA?

02/28/2014
Q. Under Texas law, if I have an employee returning from maternity leave, do I have to give her the same job hours as before her leave? The reason for the reduction in hours is due to sales being down.

Can we ask applicant for his social media log-in info and password?

02/28/2014
Q. I am thinking about hiring someone, but would first like to check his Facebook, Twitter and other social media accounts to gain a more complete picture of the candidate. May I ask the applicant for log-in and password access to his accounts?

Which arbitration clauses will Texas courts find unconscionable?

02/28/2014
In recent years, courts have consistently supported employers’ use of arbitration agreements in employment settings. During the past few terms, the Supreme Court of the United States has issued several decisions upholding their use.

EEOC challenges gender bias at Irving transportation firm

02/28/2014
The EEOC has filed suit against NFI Roadrail and NFI Industries as a result of a pay disparity at its Irving facility. According to the complaint, the company pays men significantly more than women who perform the same work.

Appeals court sides with older Austin police officers

02/28/2014
A state appeals court has upheld a jury verdict awarding damages to a group that included about a dozen city marshals and police officers who had previously worked for the city’s park and airport police departments. The group demonstrated in court that the city’s consolidation of these departments resulted in a pay disparity between officers over age 40 and younger officers.

Military opens door to religious accommodation

02/28/2014
The Pentagon has indicated it will give troop commanders some flexibility in allowing religious-based exceptions to the military’s appearance requirements. Most notably, Sikhs, Muslims and Jews will now have an avenue to receive permission to wear beards and religious headwear.

Noncompete buried in benefit plan? Admin sets the terms

02/28/2014
Are some of your benefits—such as bonuses or other merit payments at retirement or departure—contingent on complying with a covenant-not-to-complete? Chances are the benefits plan administrator—not a federal court—will be interpreting the terms.

Merely transferring employee to same or similar position isn’t grounds for lawsuit

02/28/2014

Sometimes, the most sensible solution to an ongoing em­­ployee complaint is to transfer the em­­ployee. But some employees may see that as retaliation, especially if the “fresh start” turns out to be a false one. Such a retaliation claim is unlikely to succeed as long as there was no change in title, major job responsibilities, pay and benefits.

RIF results in less workforce diversity? Be ready to prove bias wasn’t the motive

02/28/2014
An employee who has lost his job may look at the resulting workforce and conclude that his race or other protected characteristic was why he was part of the reduction in force. Prepare for such potential charges with solid documentation showing you had a business reason for each position you cut—and that you didn’t consider who held the job.