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Employment Law

Unauthorized overtime is your problem! Take steps to stop it–and punish rule-breakers

09/04/2012
According to the FLSA, even if you don’t know someone is working overtime, you can be sued if you underpay. The good news is you can crack down on unauthorized overtime by punishing an em­­ployee for failing to follow your clearly articulated no-unauthorized-overtime rule.

Houston defense firm pays up in ‘regarded as disabled’ case

09/04/2012
BAE Systems Tactical Vehicle Sys­­tems of Houston has agreed to settle a disability discrimination suit filed on behalf of a morbidly obese former employee.

Tread carefully when unions settle wage claims

09/04/2012

The DOL generally takes a dim view of any attempt to negotiate away employees’ rights under the FLSA. For example, unions can’t say “no thanks” to the minimum wage or overtime pay during collective bargaining. However, there’s a difference between losing rights through the bargaining process and accepting a settlement that resolves conflicting wage claims.

Tell supervisors: Never discourage FMLA leave

09/04/2012
FMLA leave can cause major headaches for supervisors. After all, they have to make sure the work gets done while an employee is out. That can be especially difficult if they’re trying to hold off on hiring and get by with current staffing levels.

Past reviews don’t prove today’s performance

09/03/2012
The 7th Circuit Court of Appeals has concluded that just because an employee who has been demoted received good reviews in the past doesn’t mean that she is still meeting her employer’s legitimate expectations.

Complaint + sudden criticism = retaliation

09/01/2012

Juries like simple cases. If an em­­ployee complains about discrimination and management does nothing, that’s one thing. But if suddenly the employee is criticized, placed on a performance improvement plan and then fired, jurors may see retaliation.

Employers face EEOC reporting deadline on Sept. 30

08/30/2012
In an effort to track employment of minorities and females in the workforce, the EEOC requires certain employers to complete and file an Employer Information (EEO-1) Report by Sept. 30 of each year.

Does ‘introductory period’ affect at-will status?

08/29/2012

Q. Can you direct me toward information regarding new-employee introductory periods and what impact this may have on “at-will” classification?

Payroll records: Know exempt, nonexempt timekeeping requirements

08/28/2012
Employers subject to the Fair Labor Standards Act must keep rec­­ords for both nonexempt and exempt employees. The regulations don’t say which types of record-keeping or time­­keeping methods you should use, but they do specify the necessary data you need to maintain on all employees. Here’s the guidance you need to stay in compliance.

Outer Banks hotel sued for Christmas Eve firing

08/28/2012
The Comfort Inn Oceanfront South in Nags Head has been charged with religious discrimination after it fired a woman who says her religion forbade her from working on Christmas Eve 2010.