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Employment Law

Richardson Doubletree Hotel settles wage-and-hour suit

01/09/2013
The Doubletree Hotel in Richardson has agreed to pay 112 employees $102,592 to settle charges it violated the Fair Labor Standards Act.

DOL says ‘bah, humbug’ to Christmas lights installer

01/09/2013

Some may see this as part of the Obama administration’s alleged “war on Christmas.” In reality it was a simple enforcement action. The DOL recently played the Grinch by filing a lawsuit against a Dallas company that installs and removes Christmas lights.

One stupid comment doesn’t create hostile environment

01/09/2013
When terminated through a reduction in force or for some other legitimate reason, overly sensitive employees may take a shot at filing a lawsuit over perceived slights, alleging they had been forced to work in a hostile work environment. Fortunately, it usually takes more than that to win.

Hiring or promoting? OK to discount experience if it’s trumped by other factors

01/09/2013

When an employee or applicant claims she was passed over for a job because of discrimination, she generally has to show that she was clearly the best-qualified candidate for the position. Some will argue that cumulative years of experience trump other factors. That’s not always true.

Good records win lawsuits: When disciplining, be as specific as possible

01/09/2013
If someone was terminated for breaking workplace rules, he may claim you treated others outside his protected classification more favorably. The best way to counter such charges is with very specific records showing why you believe each punishment fit the rule violation.

ADA: Don’t let procedural hurdles stop accommodations process

01/09/2013
Employees with disabilities have the right to request reasonable ADA accommodations. Punishing them for making such a request can be grounds for a retaliation lawsuit—even if no accommodations were possible or due.

How to stop midshift intermittent FMLA leave abuse

01/09/2013
There’s nothing quite like trying to manage intermittent FMLA leave for employees who must see to loved ones’ care during working hours. It’s even more difficult if the employee comes to work, only to spend all her time on the phone, supposedly dealing with the serious health condition covered by FMLA intermittent leave.

Beware! Old slights can bolster new bias claims

01/09/2013
Here’s an important factor when considering discharge: Dis­­crimi­­nation complaints made years ago can form the basis for a lawsuit if the underlying events show a pattern of discrimination.

First Republic settles FLSA suit for more than $1 million

01/09/2013
San Francisco-based First Republic Bank has agreed to pay $1,009,644 in overtime back wages for 392 First Republic Bank employees in New York, California, Connecticut, Mas­­sa­­chu­­setts and Oregon.

Queens contractors plead guilty to not paying workers

01/09/2013

The owners of Onward Construction in Queens have pleaded guilty to a misdemeanor count of failing to pay their employees. The company quit paying its seven workers in March 2011. In all, they owed workers $18,680 by the end of September 2012.