EMPLOYMENT LAW

Must we grant time off for drug rehab in Texas?

09/29/2016
Q. An employee recently tested positive for drugs during a random drug screening that we periodically administer to ensure that our employees are able to safely operate our systems. The employee admitted that he regularly used drugs, and would like to take several weeks off to participate in a rehabilitation program. Does Texas law require us to grant him time off?

DOL issues revised, more reader-friendly FMLA poster

09/29/2016
The U.S. Department of Labor has updated its FMLA poster to be more easily read by employees.

2nd union initiation fee OK

09/29/2016
Even if union members quit their union, they still have the right to be represented in workplace disputes.

Rejecting candidates, then leaving positions unfilled can trigger discrimination claims

09/29/2016
If you reject a qualified candidate but leave the position open while still seeking someone with similar qualifications, that’s an open invitation to be sued for discrimination.

There are pay suits and discrimination suits, but they're not necessarily the same

09/29/2016
Employees who file EEOC suits can’t go back years with pay claims unless they can show some sort of continuing violation.  Merely having complained for years—even decades—about unfair pay isn’t enough.

New worker is older, too? That's not age bias

09/29/2016
Unless there is some other direct evidence of age-related bias or harassment, it’s virtually impossible for an older worker to win an age discrimination claim if his replacement is also older.

How to compute overtime in unusual situations

09/29/2016
With the new white-collar overtime rules going into effect Dec. 1, now is a good time to review the OT basics.

Prepare to explain budget reason for job cuts

09/29/2016
If an employee alleges she lost her job during a reduction in force because of discrimination or retaliation, counter that claim by showing there were real economic reasons for letting her go.

ADEA: As boomers get older, more file age-discrimination claims

09/27/2016
Age-discrimination cases are among the most costly for employers. Do you have an age-bias problem?

EEOC loses 'no dreadlocks' race bias case

09/27/2016
The EEOC has lost an important case that was among the first to test the concept that race can be defined as a “construct” rather than by a set of physical characteristics.

Is it true that California law requires us to give employees a way to work sitting down?

09/26/2016
Q. An employee recently complained that I was violating California’s “suitable seating law” by requiring him to stand throughout his shift. Am I required to let my employees sit?

Drywall contractor can't spackle over FLSA violations

09/26/2016
The U.S. Department of Labor has sued drywall contractor West Coast Drywall & Company in Riverside, Calif., alleging the firm failed to pay its drywall hangers and painters for all the overtime they worked.

Bay Area nursing homes settle over wage violations

09/26/2016
The U.S. Department of Labor’s Wage and Hour Division (WHD) has settled its lawsuit with two owners of several Bay Area nursing homes.

OK to terminate disabled worker if there is no possible way to accommodate

09/26/2016

You can terminate a disabled individual if you conclude the employee can’t under perform the essential functions of a job with or without accommodations.

Warn managers: Watch your language when discussing any aspect of worker's pregnancy

09/26/2016
Generally, when the same supervisor who hired someone also made the decision to fire someone, courts apply a concept called the “same-actor theory.” If the employee’s protected characteristic was hidden, the same presumption doesn’t apply.
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