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Employment Law

Think carefully about how work restrictions will play out following FMLA leave

06/02/2014

What do you do if an employee has used up her FMLA leave and her doctor has placed limits on the kind of work she can do? It’s fine to let her return with the restrictions. You won’t later lose an FMLA retaliation case for placing her on light duty.

Man who refused to join in harassment of women has his own sexual harassment claim

06/02/2014
Here’s yet another reason to stop employees who sexually harass female co-workers, subordinates or customers: Men who work in that environment but refuse to join in can also sue for sexual harassment. It’s not just the harassed women who have claims.

Bias calendar doesn’t care about indecision

06/02/2014

Employees have to file EEOC complaints within 300 days of alleged discrimination or lose the right to sue. Similarly, they have to file state claims within 180 days of the alleged discriminatory act. If they miss those deadlines, they can’t sue. Repeatedly changing one’s mind about a situation involving an allegedly discriminatory act doesn’t extend or revive the deadline.

Alert managers to new personal liability risks

05/29/2014
No longer are lawyers filing lawsuits containing one simple claim. Instead, you’re more likely these days to face a complaint with several claims, including charges that target executives and supervisors separately and personally.

Employers and SOX retaliation: Prepare for a legal long haul

05/28/2014
Employers defending against Sarbanes-Oxley Act (SOX) whistle-blower retaliation claims should be prepared for a long and tough litigation process. A recent district court decision out of Texas vividly illustrates how long a haul it might be.

Age bias charges filed in wake of academic split

05/28/2014
When Texas Southmost College and the University of Texas-Brownsville ended their affiliation, administrators faced some tough decisions. According to three new lawsuits, they didn’t choose wisely.

San Antonio fast food franchisee hit with OT suit

05/28/2014
A San Antonio area franchisee faces charges he failed to pay proper overtime to his employees. Wessam “Sammie” Aldeeb operate eight restaurants, including Subway, Great American Cookies and Marble Slab Creamery stores. A recently filed suit seeks class-action status for at least 125 current or former employees of Aldeeb’s franchises.

Former university accountant represents self in bias suit

05/28/2014
A former accounting manager at Texas Southern University is seeking $500,000 in damages and reinstatement, claiming the university fired him because of his Nigerian heritage.

Houston law firm faces pregnancy discrimination suit

05/28/2014
Wayne Wright, a personal injury law firm in Houston, faces charges it fired an employee after she told them she was expecting a child.

NLRB, OSHA pact gives longer life to whistle-blower claims

05/28/2014
Employers can expect more whistle-blower cases to be heard as unfair labor practices charges now that the National Labor Relations Board and OSHA have agreed to cooperate when employees file late safety-related complaints.