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Employment Law

When disabled employee tests positive, prepare to dig deep into prescription history

11/15/2017

Does your organization test employees you suspect are under the influence of drugs and alcohol at work? If so, make sure you understand your obligation to disabled employees who may have been prescribed medications that can trigger a positive drug test response.

Document business reasons for staffing moves

11/15/2017

Document the timing and explanation for all employment actions. It’s hard for employees to win lawsuits over transfers, demotions or discharges when the employer has records showing objective business reasons for the move.

B&H Photo settles race, sex bias suit for $3.2 million

11/15/2017

The company that owns the world-famous B&H Photo store in Manhattan has agreed to settle hiring and pay discrimination charges brought by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs.

What behavioral psychology has to do with unionization

11/15/2017

When employees consider whether to invite a union into the workplace to represent them, their choice may be guided by the psychology of decision-making. A recent book on the subject sheds light on how employers can respond to unionization efforts.

Was disability bias behind Lowe’s manager demotion?

11/15/2017

An employee at a Lowe’s store in Cleburne, Texas claims the home improvement chain violated the ADA when it demoted him from his department manager position and cut his pay.

Medical practice faces suit over compulsory Bible studies

11/15/2017

Lewisville, Texas-based Shepherd Healthcare is being sued by a woman who claims she was fired for refusing to participate in a daily Bible study at work.

Texas agencies may be immune to ADA claims

11/15/2017

Texas state agencies may not be sued under several federal laws unless state government immunity has been waived by Texas.

Disciplining whistleblower? Beware retaliation charge

11/15/2017

If a supervisor receives a whistleblower complaint from a subordinate, make sure he or she has no decision-making role in any subsequent discipline against the whistleblower.

OK to fire if you discover mistakes while employee is out on FMLA leave

11/15/2017

Sometimes, an employee with a blemished disciplinary history may think he will be protected from termination if he takes FMLA leave. But the FMLA right to return isn’t absolute.

Lawsuit claims misclassification? It could become a costly class-action case

11/15/2017

When one or two employees claim that they have not been paid overtime because they were improperly classified as exempt, they don’t need much evidence to turn the case into a class-action lawsuit.