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Employment Law

Judgment Day for ministry on pregnancy bias

07/15/2015
A federal judge has ordered the Houston-based United Bible Fellowship Ministries to pay a former employee nearly $75,000 in back pay and damages because of the nonprofit’s policy prohibiting pregnant employees from working and barring the hiring of pregnant women.

Court upholds new NLRB rules on elections

07/15/2015
A new NLRB rule that will make it easier for unions to organize a work site has been upheld as a valid exercise of the NLRB’s regulatory authority.

Tell employee that she’s nearing FMLA eligibility

07/15/2015
Employees have to work at least 1,250 hours in the preceding year to be eligible for FMLA leave. If an employee requests leave to deal with a medical issue and is close to achieving that threshold, inform her. Maybe she can wait until she’s covered by the FMLA.

Settlement agreement may not kill OT claims

07/15/2015
The 5th Circuit Court of Appeals has ruled that settling a state court lawsuit over a noncompete agreement (with a payment and an agreement that supposedly included all employment claims) didn’t bar the former employees from suing for unpaid overtime that they claimed was owed to them under the Fair Labor Standards Act.

Questionable conduct? End it and move on

07/15/2015
Not every action that may be interpreted as harassment actually is. That doesn’t mean employers should ignore a one-time incident or behavior brought to HR’s attention. You can and should end any behavior that may be perceived as offensive or harassing. Once you have, you can move on, as this recent Texas Supreme Court decision shows.

They’re on break and off the premises–but are we still liable for our workers?

07/15/2015
Q. If an employee leaves company premises during his designated paid or unpaid breaks (without clocking out) to get food or go shopping, is the company liable if the employee is involved in an incident?

EEOC updates pregnancy-bias guidance for employers

07/14/2015
In the wake of U.S. Supreme Court’s important Young v. UPS ruling in March, the EEOC has updated its employer guidelines on light-duty assignments and disparate treatment of pregnant workers. Download them now.

With new rule in spotlight, what OT really looks like

07/14/2015
The Obama administration’s announcement that it wants to double the salary threshold that makes white-collar managers eligible for overtime pay from the current $23,660 per year to $50,440 comes on the heels of research that says half of America’s salaried employees work more than 40 hours per week.

Court shoots down DOL rule on unpaid interns

07/13/2015

Over the past year, several big companies have forked over big bucks to settle class-action lawsuits filed by interns alleging that they should have been paid for the time they spent getting a firsthand look at how the business world works. Employers felt compelled to settle following a string of high-profile lawsuits that went interns’ way, as well as the very clear Department of Labor rules on intern pay. But now the 2nd Circuit Court of Appeals has issued a decision that may show the employers were a bit hasty in capitulating.

OSHA publishes guidance on restroom access for the transgendered

07/13/2015
OSHA’s role is expansive and includes regulating everything from heat breaks to bathroom access. It issued “A Guide to Restroom Access for Transgender Workers” on June 1.