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Employment Law

Texas employers: Getting bias cases into federal court just got a little easier

10/07/2014

“You have been sued.” When employers first read these words and realize the lawsuit launched against them is in a state court, most Texas employers—indeed, most employers—make it their first order of business to get the case moved to a federal court. Why? Defense attorneys cite various advantages to be gained from such a change, which is known as removal.

Trouble bubbles at valve plant in San Antonio

10/07/2014
San Antonio-based Taprite Fassco Manufacturing, a company that supplies CO2 regulators to the beer and soda industries, may get a bit of indigestion courtesy of the EEOC. The commission is suing the company, alleging that it demoted a female employee who raised concerns that men were paid more than women in comparable positions.

Miscalculating overtime pay costs San Antonio company almost $150K

10/07/2014
San Antonio-based Costa Solutions has agreed to pay 63 current and former employees $146,459 in back pay and overtime following a DOL investigation. Costa provides logistics and freight-handling services to retail business, including the H-E-B Grocery chain.

Texas recognizes unjust enrichment as legitimate claim

10/07/2014
Texas courts will recognize a claim of unjust enrichment as part of a lawsuit alleging that a purchaser or seller breached the contract terms of the sale. In other words, such a lawsuit can include more than a breach-of-­contract claim; plaintiffs can also argue that the breach unjustly enriched the breaching party.

Resist qualification inflation: Super skills don’t make position exempt

10/07/2014

The U.S. Department of Labor considers the minimum job requirements for a position—not the people who hold those jobs—when determining whether the employees are nonexempt, hourly workers or exempt under the FLSA. If you hire overqualified applicants, their training and experience doesn’t transform the job from hourly to exempt.

Don’t play God! It’s not up to you to decide what’s a real religious belief

10/07/2014

Employers must reasonably accommodate employees’ religious beliefs unless doing so would cause undue hardship. Some employers take this to mean they get to decide what constitutes a genuine religious belief—and nix requests for time off for religious observances that don’t fit their defi­nition. That’s legal blasphemy!

Where legal trouble lurks: Even unwritten rules must be enforced fairly and consistently

10/07/2014
Before disciplining an employee who says she did what she did because her supervisor told her it was OK, make sure others following the same informal rule were treated the same. If you fire or demote one, you must fire or demote the other.

Popeyes pays for chickening out on HIV-positive applicant

10/07/2014
A Popeyes Chicken franchise in Tyler has agreed to settle an EEOC disability discrimination suit filed on behalf of an applicant who had several years of experience in the restaurant business. The alleged reason he wasn’t hired: His HIV status.

Beware ‘demotions’ that merely strip duties

10/07/2014

Employees alleging discrimination or retaliation for engaging in protected activity have to show they suffered an adverse employment action. Typically, that means they were fired, demoted or transferred to a less desirable position. But what if the employer simply removes responsibilities, even as the worker retains his title, pay and benefits?

Use independent contractors? Check out new DOL guide

10/07/2014
The U.S. Department of Labor and state labor agencies are getting tough on employers that misclassify employees as independent contractors. To help employers sidestep some common errors on this issue, the DOL has published a revised fact sheet on classification under the FLSA.