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Employment Law

Old slurs don’t make hostile environment today

01/31/2012

Some employees never forget an indignity. Years later, they may sue over something unrelated to the original wrong and try to bring the old offense into the case. That sometimes works if their claim alleges a hostile work environment. But if the hostility stopped years ago, chances are the court won’t consider the old claim.

DOL: It’s time to formalize FMLA military family leave

01/31/2012
The U.S. Department of Labor has proposed new FMLA rules that would formalize several statutory amendments that expanded military family-leave rights in 2008 and 2009. The new rules would officially incorporate into the FMLA amendments that were tacked onto the National Defense Authorization Act. If you’re covered by the FMLA, these rules will apply to you.

NLRB continues with controversial moves and appointments

01/31/2012
Last year ended and 2012 began with a flurry of activity from the National Labor Relations Board NLRB. Between controversial appointments to the board and action on two new rules concerning organized labor, the NLRB has given employers much to watch.

Fort Worth lumber yard hammered for age bias

01/31/2012
The former general manager of Foxworth-Galbraith Lumber in Fort Worth is suing the company for age discrimination, claiming he was fired at the age of 55 and replaced by a 38-year-old man.

Reverse bias suit heats up La Marque Fire Department

01/31/2012
The former chief of the La Marque Fire Department is suing for race discrimination and retaliation after a series of run-ins with the city manager over alleged harassment within the department.

Get expert help when classifying commercial drivers

01/31/2012
Here’s a bit of advice to any employer using commercial drivers in their enterprise: Before concluding those employees are exempt from overtime under the Fair Labor Standards Act because they’re covered by the Motor Carrier Act, call your attorney.

Asthma and allergies aren’t always disabilities

01/31/2012
Some employees claim they have asthma and allergies that are exacerbated by common workplace smells. That doesn’t mean, however, that em­­ployers have to create an allergen-free environment.

Documented insubordination can often sink employee’s discrimination lawsuit

01/31/2012

Employees who sue for discrimination have to prove they are members of a protected class, were qualified for the position they held, were terminated or subjected to another adverse action and were treated less favorably than employees outside their protected class. Employers that can show the em­­ployee was insubordinate can quickly win such cases.

Beware job alterations after FMLA leave

01/31/2012
Employees who take FMLA leave are entitled to their old jobs or an equivalent one when they return. Offering a less prestigious position or one with different hours is asking for trouble.

Remind managers to steer clear of discrimination by association

01/30/2012
The next time you conduct discrimination training, remind supervisors that discriminating against employees because of their spouses’ protected characteristics can be just as legally dangerous as direct discrimination against the employees themselves.