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Employment Law

Track hours worked … unless you want court to

12/06/2017

If you haven’t kept track of all worker hours, a court will ask employees for their estimates. And if the court thinks that isn’t accurate either, it will come up with its own estimate. That’s what happened in one recent case.

Kingwood, Texas firm digs in heels over unpaid OT, faces suit

12/06/2017

A Houston-area medical staffing firm refused to back down when the Department of Labor accused it of stiffing an employee out of overtime pay and then retaliating against the employee for complaining.

Ring to be nominated to NLRB

12/05/2017

Management-side employment lawyer John Ring is in the final stages of White House vetting to replace National Labor Relations Chair Philip Miscimarra, whose term ends Dec. 16.

DOL proposes new tip-pooling rules to benefit back-of-the-house staff

12/05/2017

The U.S. Department of Labor has announced a proposed rule affecting Fair Labor Standards Act tip regulations that would give employers more options for sharing tips among more employees.

Snapshot: Then & now — Is harassment at work a major problem?

12/05/2017

In March 1998, only half of Americans considered workplace sexual harassment a “major” problem. Now 69% do.

A matter of balance: Medical marijuana, the ADA and drug testing

12/04/2017

In Pennsylvania, case law says employers should balance an employee’s privacy interests against the need for random drug testing.

Carlisle settles age bias suit

12/04/2017

Carlisle Borough Council has authorized a $650,000 settlement with the Pennsylvania town’s former public works director to resolve charges that his May 2014 firing was discriminatory.

Be prepared to explain why pay differs for similar jobs

12/04/2017

Keeping close track of why one individual earns less than another goes a long way toward defending against Equal Pay Act claims.

Wage-and-hour dispute? Seek settlement before employee has a chance to file suit

12/04/2017

If a case involving unpaid overtime or some other FLSA claims isn’t settled before the worker files a federal lawsuit, the law requires a federal judge to review any proposed settlement for fairness and consistency with the FLSA’s intent to protect workers from employer violations.

Consider every religious accommodation request, even out-of-the-ordinary ones

12/04/2017

Just because an employee’s religious beliefs fall outside the mainstream doesn’t mean they aren’t protected. In fact, many beliefs qualify as religious even if they may seem outlandish to someone practicing a mainstream religion.