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Employment Law

Prepare for new labor and employment laws

With 2019 just around the corner, now is the time to preview labor and employment laws that will soon affect employers.

Jury awards $6 million for anti-American bias

In a closely watched discrimination case, a federal jury has ruled against a foreign employer and in favor of an employee who identified himself as ethnically American.

Court discovers deception, tosses out previous decision

Here’s a rare case in which a court reversed a ruling that favored an employee because he had deceived his former employer.

Arbitration agreements may have to go to court first

Because arbitration agreements are contracts, there are still preliminary questions to be resolved, such as whether an agreement was written in a way that binds both parties. That can mean a preliminary court battle.

Always record the date when you made a decision to fire

Do you note the date and time of every termination decision? If not, you should.

Equal Pay Act: Better explain any unequal pay

Watch out when offering a new hire more money than someone currently holding the same job. If the incumbent is of the opposite sex, you had better have solid documentation explaining exactly why the newcomer deserved more money.

Yes, minorities are capable of discrimination

Discrimination isn’t always about a majority group disfavoring a member of a minority group. Sometimes, that scenario is reversed. And other times, one minority member may favor members of her own minority over another minority.

Cuellar’s aide claims she was fired for being pregnant

A former aide to Texas Rep. Henry Cuellar claims the congressman violated the Pregnancy Discrimination Act when he terminated her during the third trimester of her pregnancy.

You must stop harassment by customers, too

The EEOC doesn’t hesitate to file lawsuits when it discovers employers haven’t intervened to stop customer harassment or done enough to prevent it in the first place. It consistently wins those suits, too.

LGBT employee rights in transition as courts weigh in on bias

Ensuring anti-discrimination protection under Title VII of the Civil Rights Act of 1964 for lesbian, bisexual, gay and transgender employees remains a strategic priority for the EEOC.