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Employment Law

Midland oil company, Hispanic workers settle harassment suit

09/04/2012
Three employees of Midland-based crude oil producer Blue Ridge Resources have agreed to settle a national-origin harassment lawsuit against the company. Blue Ridge will pay the three men $43,000 for failing to train their supervisor and investigate the men’s complaints.

OK to place limits on meal break activities

09/04/2012

Under the FLSA, employees are supposed to be re­­lieved of all duties during meal periods. If they’re not, then meal breaks are considered paid time. That doesn’t mean employers can’t prohibit some meal break activities without having to pay employees.

Make sure training is available to all

09/04/2012
Everyone who is qualified should have a chance to participate in your training programs.

Unauthorized overtime is your problem! Take steps to stop it–and punish rule-breakers

09/04/2012
According to the FLSA, even if you don’t know someone is working overtime, you can be sued if you underpay. The good news is you can crack down on unauthorized overtime by punishing an em­­ployee for failing to follow your clearly articulated no-unauthorized-overtime rule.

Houston defense firm pays up in ‘regarded as disabled’ case

09/04/2012
BAE Systems Tactical Vehicle Sys­­tems of Houston has agreed to settle a disability discrimination suit filed on behalf of a morbidly obese former employee.

Tread carefully when unions settle wage claims

09/04/2012

The DOL generally takes a dim view of any attempt to negotiate away employees’ rights under the FLSA. For example, unions can’t say “no thanks” to the minimum wage or overtime pay during collective bargaining. However, there’s a difference between losing rights through the bargaining process and accepting a settlement that resolves conflicting wage claims.

Tell supervisors: Never discourage FMLA leave

09/04/2012
FMLA leave can cause major headaches for supervisors. After all, they have to make sure the work gets done while an employee is out. That can be especially difficult if they’re trying to hold off on hiring and get by with current staffing levels.

Past reviews don’t prove today’s performance

09/03/2012
The 7th Circuit Court of Appeals has concluded that just because an employee who has been demoted received good reviews in the past doesn’t mean that she is still meeting her employer’s legitimate expectations.

Complaint + sudden criticism = retaliation

09/01/2012

Juries like simple cases. If an em­­ployee complains about discrimination and management does nothing, that’s one thing. But if suddenly the employee is criticized, placed on a performance improvement plan and then fired, jurors may see retaliation.

Employers face EEOC reporting deadline on Sept. 30

08/30/2012
In an effort to track employment of minorities and females in the workforce, the EEOC requires certain employers to complete and file an Employer Information (EEO-1) Report by Sept. 30 of each year.