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Employment Law

NLRB shakes up joint-employer landscape

08/04/2014

The National Labor Relations Board’s lead attorney has determined that franchisors and franchisees—in this case, of the McDonald’s fast-food chain—can be named joint employers when workers file unfair labor practices charges. The decision could reverberate far beyond franchise businesses, aiding organized labor’s efforts to unionize low-wage workers and raise their pay.

Are we liable for male-female pay disparities?

07/31/2014
Q. The company that I own has been in business since 1930. We recently performed an assessment of positions and salaries and discovered that our male executives are paid higher salaries than female counterparts. Are we liable for any unfair business practices?

How far can I go to ban guns at work?

07/31/2014
Q. As the owner of a Texas company, I want to institute a policy that strictly forbids employees from bringing guns to work—both into the office building and in the parking lot outside. Can I legally draft such a policy?

Electrical company’s strong-arm tactics shocking

07/31/2014
Corpus Christi-based Nueces Elec­­tri­­cal Co-Op has agreed to pay a former employee $46,920 in back pay and damages after it forced him to retire and tap his 401(k) retirement fund instead of granting him FMLA leave.

Fort Worth rehab center settles disability bias suit

07/31/2014
The Fort Worth Center for Reha­­bil­­i­­­­tation will pay a rejected job applicant $30,000 to settle a disability dis­crimination suit filed by the EEOC. The EEOC alleged the center failed to accommodate a certified nursing assistant’s disability when conducting a pre-employment drug screen.

Four Dallas restaurants settle DOL wage disputes

07/31/2014
Workers at four Dallas-area restaurants will receive more than $188,000 following a U.S. Depart­­ment of Labor Wage and Hour Divi­­sion (WHD) investigation. The restaurants—Yes Buffet in Grand Prairie, Royal Buf­­fet in Rowlett and Crown Buffet and Win Chi­­nese Buffet in Dallas—underpaid 61 employees.

Employee must address ADA, FMLA thresholds up front

07/31/2014
Here’s a case that may help you get an ADA or FMLA case dismissed quickly when an employee is acting as her own attorney. A worker has to allege up front in her lawsuit that her employer has enough employees to be covered by the FMLA or the ADA.

Courts zapping frivolous litigants with sanctions

07/31/2014
Frivo­­lous lawsuits can take up lots of time and cost thousands of dollars in legal fees before it’s all over. Fortunately, courts are becoming more willing to punish truly frivolous lawsuits and the employees who bring them.

No need to establish absolute proof before terminating alleged harasser

07/31/2014
Employers shouldn’t worry too much about firing an employee they believe sexually harassed another employee. As long as you conduct an investigation and reasonably believe the employee broke company rules against harassment, a court likely won’t second-guess your judgment. You don’t have to be absolutely right… just honest.

Employee not ready to return after FMLA leave? She may be eligible for additional unpaid leave

07/31/2014
Do you have a rule that says employees who aren’t ready to return from FMLA leave when their time is up face termination? If so, consider providing at least limited flexibility under one circumstance.