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Employment Law

Public employee free speech rights don’t extend outside work

10/08/2015
Government employees have limited First Amendment rights at work to voice concerns of “public importance.” But the right doesn’t extend to causing confrontations outside of work when the speech has nothing to do with public issues.

Former employee reapplies? Beware retaliation lawsuit

10/08/2015
Consider this before dismissing a request for reinstatement or new job application from a former employee: She may be trying to set up a lawsuit alleging that turning her down amounted to retaliation. Don’t fall into that trap.

One stupid comment from boss doesn’t automatically create sex bias liability

10/08/2015

Of course, supervisors should never say anything off-color, insensitive or downright stupid. Unfortunately, it happens. However, it takes more than one dumb outburst to support a discrimination claim unless the comment is obviously highly offensive. Less than that, and an employee’s lawsuit is likely to be tossed out.

Substandard work before FMLA leave? Beware retaliation suit for later poor reviews

10/08/2015

Don’t think that just because an employee was a poor performer before she requested FMLA leave, a poor review after the request can’t be retaliation. If there is other evidence of retaliation (like a direct statement that FMLA leave was a factor), then the previous poor performance won’t be much of a defense.

Beware subtleties of ‘regarding as disabled’

10/08/2015

Employers can be liable under the ADA if they “regard” someone as disabled—that is, assuming and acting as if the person has a disability. That’s true whether the worker is disabled or not. Telling an employee she should pick up medical forms to apply for disability benefits and sending her home until she does apply probably means the employer regarded the employee as disabled.

Harassment victim wins suit, comes up $832 million short

10/07/2015
A jury in New York City has awarded a  woman $18 million in her sexual harassment lawsuit against her former Wall Street boss.

Halliburton to pay more than $18 million for FLSA violations

10/06/2015
In one of the largest recoveries of overtime wages in recent years for the U.S. Department of Labor, oil and gas service provider Halliburton has agreed to pay $18,293,557 to 1,016 employees nationwide.

Know the risks when hiring third-party workers

10/05/2015
After the NLRB’s recent decision regarding its new, broader standard for “joint employer” status, it’s time to brush up on the consequences of the joint employer doctrine when engaging third-party contractors.

Suburban Dallas bar settles pregnancy bias complaint

10/05/2015
Arthur’s Bar & Restaurant in Addison, Texas, has agreed to settle a pregnancy discrimination complaint for $20,000.

Oilfield services firm settles retaliation suit for $30,000

10/05/2015
Garrison Contractors, a West Texas oil-industry construction company, has agreed to settle charges it retaliated against a female employee after she reported sexual harassment.