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Employment Law

Sometimes, you have to trust a jury to make the right decision

01/07/2010

Most employers have severe cases of “juryphobia.” They assume that a jury will automatically side with an employee and award hundreds of thousands of dollars to right an alleged wrong. If you and your attorneys are convinced you didn’t do anything wrong, it may be best to trust a jury to hear the case and come to the same conclusion. That’s what one employer recently did.

Retaliation case doesn’t have to rely on specific bias claim

01/07/2010

Employers can’t retaliate against employees for engaging in so-called protected activities. But figuring out what is protected can be hard. Your best bet: Assume any complaint is protected.

EEOC filing isn’t last word; lawsuit can add claims

01/07/2010

You may think an employee who sues for discrimination after filing an EEOC complaint can include only so much in the ensuing lawsuit. That’s not necessarily true.

Keep your workplace drug-free without creating liability

01/07/2010

When drug abuse isn’t an obvious problem in the workplace, it’s easy for employers to develop a cavalier attitude about it. That’s not smart. It’s in your best interest to detect employee drug abuse early and root it out immediately. But that’s easier said than done. Keeping your workplace drug-free means knowing how to spot the problem and effectively respond to it—without violating employees’ legal rights and creating legal liability.

Dallas utility in hot water over alleged race bias

01/07/2010

Thirteen employees recently filed a federal civil rights lawsuit against the city of Dallas, claiming they were the victims of racial discrimination while working for Dallas Water Utilities. In addition to claiming that they endured racial slurs and degrading drawings, the workers say they were passed over for promotions in favor of less qualified white workers.

Oil rig builder will pay $400K in back wages, OT

01/07/2010

Rife Industrial Marine, a Nederland company that builds oil rigs, has agreed to pay $401,355 in back wages to 567 welders and laborers engaged in offshore construction. A DOL investigation found that the company incorrectly classified some pay as reimbursements for employee travel expenses and failed to pay overtime on those wages.

Scotland petro firm docked for stiffing Texas workers

01/07/2010

A British company recently agreed to pay about $400,000 in back overtime pay for violating Texas labor laws. Nearly 500 contracted construction and technical workers and engineers working for the American branch of Scotland-based RBG Limited accused the company of improperly compensating them under both federal and state laws.

Can we buy pizza and soda to pay workers for a missed lunch break due to a heavy workload?

01/07/2010

Q. Occasionally, when we receive a big order, our nonexempt employees have to work through their lunch breaks. Although we do not pay them for this work, we buy pizzas and sodas for all the affected workers. Is this lawful?

How should we reconcile competing demands of insurance plan, COBRA?

01/07/2010

Q. Our health maintenance organization contract calls for terminating coverage for anyone who moves outside the HMO service area. COBRA requires us to offer continuation coverage to qualified beneficiaries even if they move outside the HMO service area. How do I comply with these requirements?

OK to withhold commissions from employees who violate fiduciary obligations

01/07/2010

The Texas Payday Act allows employees to sue for commissions earned but unpaid after termination. But that doesn’t mean that employees are always owed such commissions. If they violated their fiduciary duty to their employers by disclosing confidential information to a competitor, it’s legitimate to withhold pay.