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Employment Law

NLRB: You must display new pro-union poster by Nov. 14

09/02/2011
The National Labor Relations Board announced in August that most private employers will soon have to display a new poster in their workplaces notifying employees of their right to form or join a union. The poster—it’s not yet available, but soon will be on the U.S. Department of Labor’s website—must go up by Nov. 14.

Know how law treats sexual orientation bias

09/02/2011
Discrimination against a man or a woman based on whether the employee conforms to stereotypes about appropriate behavior for each sex is sex discrimination. However, outright discrimination against employees based on sexual orientation isn’t covered under Title VII.

Carefully account for all FMLA leave absences

09/02/2011

Smart employers make sure that no employee is ever punished for taking FMLA leave. They do that by carefully cataloging when every employee takes FMLA leave. And if they must discipline an employee for attendance problems, they spell out the reason why each absence counted toward punishment.

Former TSU hoops coach wins $730,000 for sex bias

09/02/2011
Former Texas Southern University women’s basketball coach Surina Dixon has won $730,000 in a sex discrimination and retaliation lawsuit she filed after being fired in 2008, shortly after she was hired.

Remove bias suspicion: Make firing a group decision

09/02/2011

Employers that use a team to carry out termination decisions may have an advantage. Case in point: George Dulin, who is white, lost his job of two decades as an attorney for a hospital. When a black attorney replaced him, he sued for race discrimination.

Reason prevails: Court limits supersized class actions

09/02/2011
Courts are beginning to rein in col­­lec­tive actions, in which a few com­­plaints about unpaid overtime can explode into massive litigation if courts aren’t careful.

Employee won discrimination case? Understand bias laws’ cap on punitive damages

09/02/2011

Employees who win discrimination cases are sometimes entitled to punitive damages if their employer’s actions were egregious. But those damages are capped based on the employer’s size. Now the 5th Circuit Court of Appeals has clarified that the cap applies to all claims brought by the same party, even if she wins on several claims.

OK to lay off worker who’s out on FMLA leave if it’s a business necessity

09/02/2011

Some employees assume that they will always get their jobs back after taking FMLA leave. Usually that’s true, but not always. Take, for example, a case in which an employer needs to lay off workers. An employee’s FMLA status doesn’t necessarily protect her job in such a situation.

Make sure supervisors understand: Do not ­discourage employees from using FMLA

09/02/2011
The FMLA gives eligible em­­ployees an absolute right to take leave and prohibits employers from discouraging employees from taking that leave. Anything that dissuades employees from using FMLA leave is grounds for litigation.

Brief tenure, quick settlement with El Paso Starbucks

09/02/2011
Elsa Sallard, a dwarf who worked as a barista at an El Paso Starbucks, has settled her lawsuit against the company for $75,000. Sallard claimed Starbucks fired her after just three days on the job when she asked to stand on a stool behind the counter.