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Employment Law

Firing for ‘dishonesty’? Offer specifics about what happened

10/09/2013
Like most employers, you probably have general rules about what constitutes a firing offense—and “dishonesty” is probably on the list of no-no’s. It’s a vague term, subject to interpretation. That’s a good reason to make your disciplinary records specific.

Retirement offer instead of disciplinary hearing isn’t adverse action

10/08/2013
Offering a public employee the option to retire rather than face a disciplinary hearing that could result in discharge isn’t an adverse employment action. Therefore, it can’t be the basis of an employee’s discrimination lawsuit.

Show pregnancy didn’t prompt mom’s firing

10/08/2013
It’s become a little bit harder for women alleging pregnancy discrimination under the California Fair Employment and Housing Act (FEHA) to win discharge lawsuits. To prevail, a new mother has to prove that pregnancy discrimination was a “substantial motivating factor” in her discharge.

Federal wage-and-hour law to cover home health aides

10/07/2013
The DOL has announced final rules extending FLSA minimum wage and overtime protections to most workers who provide home care assistance to elderly, sick and disabled people. The rules will go into effect Jan. 1, 2015.

Victim’s racy conduct won’t cancel harassment

10/04/2013
You may think that a female em­­ployee who admitted to bringing a naked photo to work and showing it around couldn’t later complain when she became the target of sexual harassment. You would be wrong.

After FMLA, how much can the job change?

10/03/2013

When an employee returns from absences covered under the FMLA, he or she is entitled to be given “the same or an equivalent position.” But what counts as an equivalent position? As a series of recent court rulings show, minor alterations to a job—such as a change in duties or starting time—can sometimes support an employee’s claim of FMLA interference.

Can we require overtime work?

10/02/2013
Q. When our business gets busy, is it legal for us to require our nonexempt employees to work overtime on occasion?

How state’s new trade-secret law protects Texas businesses

10/02/2013
The Texas Uniform Trade Secrets Act (TUTSA) took effect on Sept. 1. Trade secrets have long received protection under Texas common law. However, TUTSA gives companies additional safeguards and expands the legal remedies to address harm when a former employee misappropriates trade secrets.

Austin F.D. stops hiring after EEOC claims testing bias

10/02/2013
The Austin Fire Department has stopped hiring candidates from its 2012 candidate list now that the EEOC has declared that its hiring test discriminated against black and Hispanic candidates. The EEOC pointed to disparities in pass rates between the groups.

EEOC: Employer made biased bed, may have to lie in it

10/02/2013
Mattress Firm, a Houston-based bedding retailer, faces charges it discriminated against older workers at its Las Vegas stores. The EEOC has filed suit against the company after efforts to mediate the case failed.