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Employment Law

Document your consistently fair practices

10/06/2011

Much as you would like to, you can’t control every statement that comes out of supervisors’ mouths. Someday, someone somewhere within your organization will utter an ethnic comment or slur. That doesn’t have to become the basis for a successful lawsuit—as long as you have a track record of treating all employees fairly.

DOL to tighten child labor rules for farm workers

10/05/2011
Last month the DOL proposed changes to child labor regulations for agricultural workers. The proposal would bar employees under age 18 from working in certain jobs, including grain elevators, silos, feed lots and stockyards.

Is this worker entitled to FMLA leave? She was out for months on workers’ comp

10/04/2011
Q. One of our employees missed several months of work last year because of a workers’ compensation qualifying injury. She has now requested leave under the FMLA. Do we have to grant this request for leave?

Can bonuses affect overtime calculations?

10/04/2011
Q. We wish to offer a variety of incentive bonuses to hourly workers in an attempt to increase business and productivity. Will these bonuses affect the employees’ “regular rate” under the Fair Labor Standards Act FLSA for purposes of calculating overtime?

How can we protect against subsequent lawsuits following on-the-job injuries?

10/04/2011
Q. My company is a nonsubscriber under the Texas Workers’ Compensation Act and has its own on-the-job employee injury benefit plan. Is there any way to increase the likelihood that employees who receive benefits under the plan will not be able to later sue us to recover damages related to their injuries?

Texas agency slapped with federal discrimination lawsuit

10/04/2011
The U.S. Department of Justice is suing the Texas Depart­­ment of Family and Protective Serv­­ices for race and gender discrimination, alleging that supervisors regularly harassed a black employee and later wrongly fired him.

3 new NLRB decisions keep recent pro-union streak alive

10/04/2011
The NLRB has issued three significant decisions that affect the relationship between unions, em­­ployers and employees. These include new rules for determining what is an appropriate bargaining unit and when employees can vote a union out as their representative. Together, they add to the NLRB’s recent record of ruling in favor of unions and against employers.

EEOC flips switch on harassment suit against Philips Lighting

10/04/2011
The EEOC is suing Philips Lighting, alleging that it allowed a woman who worked in its Dallas warehouse to endure severe sexual harassment.

Did Scooter Store pull an ADA fast one?

10/04/2011

File it under “Ironic.” The Scooter Store faces EEOC charges that it failed to accommodate an employee who had a hard time getting around because of an injured knee. The New Braunfels-based chain sells motorized scooters and power chairs for people with limited mobility.

Court: 180-day deadline to file state bias claims is firm

10/04/2011
The Court of Appeals of Texas has ruled that the 180-day deadline for filing state discrimination charges should be strictly enforced. Em­­ployees who file late are out of luck.