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Employment Law

Clarify employee’s leave status the easy way: Jusk ask

06/01/2007

If your organization has a strict attendance policy, you naturally want to make sure you don’t miscount FMLA absences in the tally, or you risk an interference-with-leave lawsuit. But how are you supposed to know whether an absence is for an FMLA reason? If the employee never gives a reason for an absence or simply says he or she is sick, that’s not enough to require further inquiry on your part …

Check whether staff leasing provider is covered by Texas workers’ comp law

06/01/2007

Texas staff-leasing companies operate under the Staff Leasing Services Act. Employers who choose to use a staff leasing company can rest assured that, if the staffing firm elects to be covered by Texas’ workers’ compensation law, then so is the client company. That means that employees injured on the job can’t both collect workers’ compensation benefits and sue your organization for the same injury …

Train managers and supervisors: No humiliation allowed

06/01/2007

While some may think it’s all in good fun, no employee should be the butt of bad jokes or other potentially embarrassing and humiliating conduct. Once started, such behavior often takes on a life of its own. It then becomes difficult to stop …

Former plumbers union president indicted for embezzlement

06/01/2007

A grand jury in the U.S. District Court for the Eastern District of Texas indicted William I. “Willie” Brown, former president of the Plumbers and Pipefitters Local Union 237 in Texarkana, on multiple counts of embezzlement …

Goodyear pays $227,792 in back wages to Texas workers

06/01/2007

The U.S. Labor Department (DOL) recently announced that Goodyear Tire & Rubber Co., following a 2006 judgment, has paid 211 employees $227,792 in back wages. The wage awards went to current and former technicians at its Houston and Bayport chemical plants …

Texas high court rejects employer liability for worker conduct

06/01/2007

The Texas Supreme Court recently issued two decisions limiting when employers can be held responsible for the wrongs committed by their employees. The cases offer hope that employers won’t always bear the brunt of their employees’ wrongdoing, as has often been the case in the past …

Big ruling: Supreme Court limits scope of pay-discrimination lawsuits

05/29/2007

The U.S. Supreme Court handed employers a major victory this week by clarifying that workers who claim pay discrimination must file their complaints within 180 days of the alleged offense. But this ruling could, in the short run, lead to a spike in pay-bias claims.

Remind employees: As Coke verdict shows, stealing secrets can earn jail time

05/25/2007

The recent sentencing of a Coca-Cola employee who tried to steal (and sell) the secret formula serves as a cautionary tale for your employees about the confidentiality of trade secrets. Here’s a five-step strategy for shoring up your trade-secret walls and making sure confidential info stays in-house.

Height and weight bias: A growing protected status?

05/22/2007

Lawmakers in Massachusetts are debating legislation that would make it the second state (after Michigan) to prohibit job discrimination based on a person’s height or weight. Passage of the bill in Massachusetts could spark interest in such laws in other states.

Court: Intermittent FMLA leave won’t cover tardiness, bathroom breaks

05/15/2007

Employees are becoming well versed in the FMLA game, and you’re paying the price. Unscheduled intermittent leaves now account for a huge portion of all FMLA leaves of absence. And while the law does allow employees to take FMLA leave in small bites for a doctor’s visit or to care for a sick relative, it doesn’t give them unfettered rights to random work breaks or to arrive late without a good excuse …