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Employment Law

Rebellion after dispute resolution? Discipline

07/08/2010

Some employees refuse to accept their employer’s solution to their discrimination complaints. They demand more action. Sometimes those employees begin working against their supervisors, perhaps assuming that any disciplinary action would constitute retaliation. Do you have to cave to their demands?

When reasonable accommodation is time off, it’s OK to count it as FMLA leave

07/07/2010
Employees whose disabilities require reasonable accommodations in the form of breaks or a modified schedule don’t get to save their FMLA leave for later use. You are free to subtract the time off from any FMLA hours available.

Even coffee-making can be compensable time

07/06/2010

The little things employees do while they’re getting ready for work—putting on safety gear, firing up their computers, standing in line to get equipment—can sometimes be considered paid work time. Courts often see such “preparatory work” as compensable, even if it benefits the employee, too. Consider this recent case involving making the morning coffee and breakfast before the start of a shift.

Create a fair and consistent system for dishing out overtime hours

07/05/2010
Do you have a system that allows all employees in the same job category an equal shot at earning overtime pay? If not, consider setting up a fair system for distributing that extra work. Otherwise, you may find yourself facing a discrimination lawsuit.

Must we rehire strikers when labor dispute ends? We may want to keep replacement workers

07/02/2010
Q. A group of our employees recently voted to strike. To ensure that our operations aren’t disrupted, we would like to hire replacement workers. When the strike ends, will we be required to reinstate the strikers?

2 small companies, 1 owner: Could we be covered by the FMLA?

07/02/2010
Q. We are a small manufacturing company with 16 employees. We distribute our products through another company, which we also own. The distribution company has 38 employees. One of our manufacturing employees is pregnant and has asked for time off. She says she is entitled to leave under the FMLA. Is this true?

Lawyer gets $8.7 million after deception about firm’s stability

07/02/2010
A Texas jury has awarded $8.77 million to an attorney who says his career was derailed when he went to work for a law firm that was embroiled in a nasty dispute between partners.

DOJ grant to fight employment bias along Mexican border

07/02/2010
Rep. Rubén Hinojosa, who represents the 15th District of Texas in Congress, recently announced that the Justice Department has awarded $59,546 to fund a project aimed at reducing employment discrimination against Texans authorized to work in the United States regardless of their national origin.

Dallas hospital owes $3.6 million for discrimination

07/02/2010
A federal jury in Dallas has awarded Dr. Naiel Nassar more than $3.6 million after he sued the University of Texas Southwestern Medical Center (UTSW) at Dallas for religious and race discrimination.

Some internal complaints may qualify as whistle-blowing

07/02/2010
The Texas Whistleblower Act protects some employees who report violations of the law to “an appropriate law enforcement authority.” But does that include complaining up the employer’s chain of command? Sometimes.