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Employment Law

When employee complains about bias, always investigate before taking any adverse action

01/07/2019
Nothing will doom an employer’s case quite as fast as firing a worker right after she has filed an internal discrimination complaint that was ignored. That virtually guarantees the court will believe there might be some connection between the employee’s complaint and her firing.

No, Title VII doesn’t mention marital status, but it can be the basis of a bias claim

01/07/2019
Title VII does not specifically list marital status as the grounds for a sex discrimination lawsuit. But that doesn’t mean marriage cannot play a role in Title VII sex discrimination cases.

Tree service trimmed OT wages, now must pay up

01/07/2019
Sidelines Tree Service has agreed to settle U.S. Department of Labor Wage and Hour Division charges that it cheated employees out of overtime pay and violated the Fair Labor Stan­dards Act’s record-keeping requirements.

Lubbock, Texas firm fined for short-changing pre-shift pay

01/04/2019
Llano Logistics in Lubbock, Texas, will pay 629 workers $244,208 in back pay and liquidated damages.

Lawsuit against Fort Worth alleges systemic racism

01/04/2019
The former water director for the city of Fort Worth, who is black, has filed a race discrimination suit seeking $1 million in damages.

Never ignore lawsuits, even ridiculous ones

01/04/2019
Every now and then, an applicant or employee will file a lawsuit that makes no sense. Whatever you do, don’t just ignore it.

Employee files FMLA suit? Check deadline compliance

01/04/2019
The FMLA doesn’t require an EEOC filing, and provides a two-year deadline for suing.

Seek expert legal advice when setting up complicated compensation structures

01/04/2019
Employers that try to simplify the FLSA overtime system by paying a set amount per week for all hours worked can easily get tripped up.

Court hearing federal whistleblower case upholds broad arbitration agreement

01/04/2019
A federal court in Texas has upheld a broad arbitration clause, concluding it applies to all claims related to employment.

Feel free to change job qualifications; courts won’t second-guess legit, new criteria

01/04/2019
If a previous job-holder applies for the newly constituted job after leaving it, he’s not automatically qualified because he did the job before.