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Employment Law

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.

FMLA isn’t ‘discipline shield’: Fire for unrelated actions

01/06/2010

Employees sometimes think taking FMLA leave—or even just asking for the time off—protects them from being disciplined or discharged. But Congress never intended the FMLA to act as a shield against legitimate discipline that’s unrelated to the leave. That’s why you’re free to discipline or discharge employees if you can prove you would have taken the same action regardless of the FMLA leave or request.

Lawsuit-free hiring: The 5 laws you need to know & 4 steps you need to take

01/06/2010

When it comes to employment lawsuits, HR is a lot like flying an airplane: The most risky parts of the trip are at the takeoff (hiring) and the landing (dismissal). With hiring, you can limit the employment-law risks by following the legally safe steps and training supervisors to do the same.