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Employment Law

When contesting timeliness of lawsuit filing, remember to factor in weekends, holidays

12/03/2013

Employees have just 90 days from the date they receive an EEOC right-to-sue letter to file a federal discrimination lawsuit. However, 90 days isn’t as straightforward a deadline as it might seem.

Service-related health problem seems minor? Employee might still have ADA disability claim

12/03/2013
Ordinarily, the ADA doesn’t protect employees who have temporary physical problems that don’t last long or seriously interfere with their lives. But ailments and conditions that last indefinitely are another matter. That’s especially true for a veteran who the VA has rated as partially disabled by service-related injuries.

Get expert help with arbitration agreements

12/03/2013
If there is an area of the law that remains confusing for ­employers, it’s arbitration agreements. Here’s the latest twist in the legal saga of what’s a good agreement and what’s not.

Received EEOC subpoena? Respond now!

12/03/2013
Here’s an important warning: If the EEOC mails your company a subpoena for information about a pending investigation, you have just days to object—or you’ll lose the right to do so. That’s why you absolutely need a clear process for immediately getting the subpoena to your attorney.

Warn employees: Text messages may be evidence

12/02/2013

Text messages make communication easy and convenient, but casual comments dashed off electronically may come back to haunt you. That’s why you should remind employees that texts should be composed with the same careful deliberation as letters and memos.

5th Circuit adds confusion to OT in misclassification cases

12/02/2013
It just got more complicated to calculate the overtime pay you owe a misclassified employee. In Black v. SettlePou P.C., the 5th Circuit Court of Appeals overturned a district court’s ruling concerning the proper methodology for calculating damages when an employee is misclassified as exempt.

Texas sues EEOC over background check guidelines

12/02/2013

The state of Texas filed a federal suit against the EEOC, disputing guidance that discourages employers from instituting total bans on hiring convicted felons.

Hang ’em high: Rope execs get jail time for pay scheme

12/02/2013
In a stark reminder that the FLSA carries personal liability, three executives at Belton-based High Performance Ropes of America were convicted of felonies for their part in a scheme to exploit undocumented workers.

No adverse action means no constructive discharge

12/02/2013
Earlier, we reported on a case that concluded a high-stress environment isn’t grounds for quitting. It’s back.

Check settlement agreements for precise ADEA language

12/02/2013
When an employee promises not to sue for age discrimination and accepts money in exchange for that promise, he can revoke that agreement unless it contains some very specific language. But the revocation can only apply to the age discrimination claims, not others. Those remain settled.