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Employment Law

Document exactly why you fired troublemaker

03/06/2014
Do you have an employee who is so disruptive that co-workers repeatedly complain? You may have to fire her. Before you do, carefully document how her behavior negatively affects the workplace and what rules she is breaking.

Accommodation discussions: How interactive must they be?

03/06/2014

The ADA gives disabled employees the right to request “reasonable accommodations” to do the essential functions of their jobs. To choose those accommodations, em­­ployer and employee must engage in an “informal, interactive process.” But when does the employer get to draw the line?

Disabled worker says her job is too stressful; must you restructure it to remove stress?

03/05/2014
How far does an employer have to go to accommodate the effects of stress if an employee is disabled? The answer: probably not very far if stress is a key part of the person’s job, as the following case shows.

Harassment: A little hostility can = big liability

03/04/2014
Typically, if a court is considering whether an employee worked in a sexually hostile work environment, it will look at weeks, months or even years of conduct. But as the following case shows, only a few days of unresolved, severe harassment can become the basis of a suit.

ACA: Health benefit waiting periods capped at 90 days

02/28/2014
Employer-sponsored group health plans cannot impose waiting periods that exceed 90 days after an employee is otherwise eligible for insurance coverage under a final Affordable Care Act rule issued Feb. 20 by the Obama administration.

Researchers: ACA will improve incomes of poor

02/28/2014
The ACA will raise household incomes for the poorest fifth of Americans, while higher income groups will experience small losses, according to a new Brookings Institution study.

If business takes a turn for the worse, do we still have to hold job after FMLA?

02/28/2014
Q. Under Texas law, if I have an employee returning from maternity leave, do I have to give her the same job hours as before her leave? The reason for the reduction in hours is due to sales being down.

Can we ask applicant for his social media log-in info and password?

02/28/2014
Q. I am thinking about hiring someone, but would first like to check his Facebook, Twitter and other social media accounts to gain a more complete picture of the candidate. May I ask the applicant for log-in and password access to his accounts?

Which arbitration clauses will Texas courts find unconscionable?

02/28/2014
In recent years, courts have consistently supported employers’ use of arbitration agreements in employment settings. During the past few terms, the Supreme Court of the United States has issued several decisions upholding their use.

EEOC challenges gender bias at Irving transportation firm

02/28/2014
The EEOC has filed suit against NFI Roadrail and NFI Industries as a result of a pay disparity at its Irving facility. According to the complaint, the company pays men significantly more than women who perform the same work.