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Employment Law

Unpaid overtime meets the FMLA: The two-headed monster waiting to trip you up

10/05/2010

Many part-time employees don’t qualify for FMLA leave because they haven’t worked at least 1,250 hours during the 12-month period immediately preceding the leave. But now some hourly employees and their attorneys are trying a new approach, claiming employers failed to count so-called off-the-clock work toward FMLA eligibility. It’s a wake up call: You must track every hour your employee works.

A sign of change: New NLRB majority says pro-union ‘bannering’ against employers is legal

10/05/2010
Forecasts of a shift in the rulings at the National Labor Relations Board are starting to come true. In a trio of cases, it said that “bannering” by a union—holding a large banner near a neutral business urging the public to boycott the company because of the union’s dispute with a primary employer—does not violate the National Labor Relations Act.

Can we be liable for religious bias if we require a job applicant to cut his hair?

10/04/2010
Q. Our company requires male employees to keep their hair short. However, a recent applicant has stated that his religion doesn’t allow him to cut his hair. Will requiring him to cut his hair to get the job violate federal law?

After a brief FMLA leave, can we request a second opinion to make sure the worker is ready to return?

10/04/2010
Q. We have an employee returning from FMLA leave. His physician has issued a fitness-for-duty certificate. However, we have doubts about the worker’s ability to perform his job because he wasn’t off work very long … Can we send him to another physician for a second fitness-for-duty examination?

EEOC throws book at Houston firm for alleged ADA violation

10/04/2010
The EEOC is suing ENGlobal Engineering, based in Houston, for disability discrimination after the company fired a worker with multiple sclerosis. The EEOC suit alleges violations of the ADA, and seeks almost every possible kind of compensation: back pay, interest, lost wages, front pay, out-of-pocket expenses, court costs, punitive damages and damages for emotional pain and suffering, inconvenience and mental anguish.

Jailhouse sex, alleged pay-back lead to lawsuit in Caldwell

10/04/2010

A former Caldwell County corrections officer has filed a discrimination and whistle-blower lawsuit claiming that she lost her job after telling a supervisor she had seen two co-workers having sex in the county jail. Her lawsuit claims her subsequent demotion and termination were in retaliation for her report.

Irony: Houston Buick dealer faces age bias suit

10/04/2010

A Houston car dealer specializing in selling Buicks—traditionally the General Motors’ brand aimed at older car buyers—is facing an age discrimination and retaliation suit. Mark Theodoridis, Gay Buick GMC’s fleet and credit union manager for 11 years, alleges that he was constantly harassed and discriminated against on the basis of his age.

Remind supervisors to track all bias complaints

10/04/2010

Employees who are disciplined may claim they were punished for reporting alleged discrimination or harassment. But employers that can show that there was no such report will get the case tossed out. That’s why it’s important for all supervisors and managers to routinely document all discrimination complaints.

Employee lied during internal investigation? That’s a firing offense you can act on

10/04/2010

Employers know they must conduct prompt and thorough investigations once an employee complains about discrimination or harassment. The integrity of the investigative process depends on the honesty of all participants. You don’t have to tolerate employees who lie during an investigation, even if the lie is a minor one.

Don’t leave yourself open to retaliation claims: Enforce work rules equitably for all employees

10/04/2010
Before you decide to throw the book at a difficult employee for breaking a rule, make sure you have enforced it the same way for all similarly situated employees. Otherwise, the employee you’re cracking down on may be able to make a credible claim for discrimination or retaliation.