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Employment Law

Disabled employee always calling in sick?

05/01/2013
Disabled employees may be en­­titled to some time off as an accommodation, but there are limits. If an employee is constantly absent when his disability makes it impossible to work, you may be able to discharge him. That’s because attendance can be an essential function of a job—and constantly missing work may show that the employee can’t perform that essential function.

‘Mixed-motive’ retaliation case: Who pays attorneys’ fees?

05/01/2013
In some rare cases, employers can win a case in which they disciplined or terminated an employee for illegal reasons. Usually, the employer has to pay the employee’s legal costs. But it’s been an open question whether that’s true in “mixed-motive” retaliation cases. Now the 5th Circuit has clarified that the em­­ployer isn’t on the hook for em­­ployee attorneys’ fees.

USERRA: Accommodate returning vets–but insist that they follow reinstatement rules

05/01/2013
Employees who serve in the military are entitled to return to their jobs after their active duty ends and otherwise receive special consideration for service. But those rights have limits.

AFL-CIO opposes banning deductions for PAC funding

05/01/2013
The Texas chapter of the AFL-CIO is opposing a bill introduced in the state House of Representatives that would criminalize payroll deductions for contributions to political action committees.

Take heart! DOL doesn’t win every case

05/01/2013
A company that contracted to provide gate attendants for oil fields has won its battle with the DOL over whether the workers are em­­ployees or independent contractors. The decision represents a big loss for the DOL, which sought repayment of more than $6 million in back wages—and has engaged in a nationwide campaign to force more employers to recognize independent contractors as employees.

Beware misclassifying inside sales staff

05/01/2013
Do you have employees classified as inside sales employees? If so, you may be courting trouble unless you are absolutely sure they qualify for the exemption. That’s especially true if you also don’t track any extra hours they work.

House bill would offer employees comp time instead of OT pay

05/01/2013
Republican lawmakers have introduced a bill that would allow nonexempt employees to choose compensatory time off instead of overtime pay. The Working Families Flexibility Act would let private-sector employees take an hour and a half of paid time off for every hour of overtime worked.

Jury awards fired drivers $243,000 for racial harassment

04/30/2013
A federal jury has awarded two former employees of Concord trucking firm A.C. Widenhouse more than $243,000 in compensatory and punitive damages. The EEOC had filed the suit on behalf of two black em­­ployees who complained of pervasive bigotry and harassment at work.

State unemployment reforms to take effect July 1

04/30/2013
With North Carolina owing over $2.5 billion to the federal government, Gov. Pat McCrory signed a bill reforming the state’s unemployment insurance system shortly after he took office in January. The law applies to new unemployment claims filed on or after July 1, 2013.

Post-injury headaches may leave you on hook indefinitely

04/30/2013
If a worker who was hurt at work can find a doctor to testify that subsequent debilitating headaches were caused by the work injury, you can expect to continue making disability payments for a long time.