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Employment Law

Study cites Texas as a hotbed of wage-and-hour claims

03/03/2009

A recent report offers some ominous news for Texas employers. Texas is one of eight states that saw an increase in class-action wage-and-hour cases filed in state court last year, according to the Seyfarth Shaw law firm’s new Workplace Class Action Litigation Report.

Beaumont police officer wins $150,000 gender bias award

03/03/2009

Clearly, there is no fury like that of a woman scorned—especially one unfairly passed over for promotion. Officer Tina Lewallen filed a complaint with the Beaumont Police Department after two men were promoted to the narcotics unit ahead of her. When the department failed to investigate the complaint, Lewallen sued …

Will county auditor get to review his own settlement check?

03/03/2009

Back in 2004, Grimes County Auditor Sidney “Buck” LaQuey took a shine to Bridgette Massey, whom he hired to work in his office—even though she had no auditing experience. Eventually, Massey filed an EEOC complaint in 2006, followed by a lawsuit in 2007, alleging sexual harassment and retaliation …

U.S. Supreme Court rules: Prepare for more retaliation claims

03/03/2009

On Jan. 26, the U.S. Supreme Court once again expanded the ability of employees to sue for retaliation. The court held that an employee who answers a question about a fellow employee’s improper conduct during an internal sexual harassment investigation is engaging in “protected activity” under Title VII of the Civil Rights Act.

Who is a ‘key employee’ under the FMLA?

03/03/2009

Q. The Department of Labor’s form for the Employer’s Response to Employee Request for Family or Medical Leave (WH-381) inquires whether the worker is a “key employee.” How should I mark those boxes? I consider most of our workers to be key employees, and I do not want to offend anyone by suggesting that they are not.

Will sealing medical examinations shield us from ADA liability?

03/03/2009

Q. To accommodate out-of-state applicants, we want to conduct medical exams when workers interview on-site for jobs. The test results would be sealed and would be reviewed only if an applicant were offered and accepted a conditional offer of employment. This would reduce the number of trips an applicant would have to make before starting work. Would such an arrangement violate the ADA?

Making false sexual harassment complaints

03/03/2009

Q. May an employer include language in its sexual harassment policy imposing discipline on employees who bring false claims of harassment?

Rejection letters under scrutiny: 7 do’s & don’ts

02/26/2009
Mounting layoffs are creating a glut of qualified and aggressive job hunters who are desperate for work. As their frustration grows, more applicants are reading deeper into their rejection letters—sometimes spotting job promises or hints of discrimination that you never intended.

‘Will work for less!’ Be wary of reduced-comp pleas from desperate employees

02/26/2009

In this brutal economy, desperate applicants—and current workers who believe they may be laid off soon—are trying an interesting tactic: They’re volunteering to work for less pay … sometimes much less. A new court ruling shows why you should take those offers seriously.

Challenging more unemployment claims? You’re not alone

02/26/2009

When you fire an employee for misconduct and he proceeds to file an unemployment compensation claim, how does your organization respond? In recent years, record numbers of U.S. employers have challenged those payouts.