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Texas

Understand interplay between FMLA, ADA when employee must care for family member

11/07/2019
Employees may have the right to take time off to care for a disabled family member under the FMLA, but the same isn’t true under the ADA for a request for reasonable accommodations of time off to care for the same family member.

Ensure policy spells out exactly how employees should report allegations of sexual harassment

11/07/2019
You will probably survive a harassment lawsuit if you trained all employees how to use the policy and followed up with discipline whenever an investigation uncovered harassment.

Yes, same employee can file several EPA suits

11/07/2019
Can an employee keep coming back to court with a new comparator? The answer appears to be a qualified “yes” as long as the new co-worker comparator arrived on the scene after the earlier lawsuit began.

EEOC: Assisted living facility in McKinney, Texas violated ADA

11/07/2019
Enlivant, an nationwide provider of assisted-living residences, faces an EEOC lawsuit alleging the company illegally terminated a chef who worked at its North Brook Place facility in McKinney, Texas.

Employee acts as attorney? Prepare for a long haul

11/07/2019
Plenty of employees who want to sue their employers can’t find an attorney willing to represent them. Then they decide to act as their own lawyers. Courts dread these cases, but they often grant great leeway to pro se plaintiffs, who usually aren’t familiar with even basic legal processes.

Superstar won’t behave? Feel free to fire

11/07/2019
Sometimes, an employee does a great job, but an abrasive personality makes him more trouble than he is worth. Superior work skills and productivity insulate superstars from legitimate discipline or termination based on poor behavior.

Employee returning from maternity leave: Does she have to have the same hours as before?

10/15/2019
Q. Under Texas law, if we have an employee returning from maternity leave, are we required to give her the same work hours as she received before her leave? We would like to reduce her hours because sales are down.

Brownsville, Texas eateries serve up $78,000 for pay violations

10/15/2019
Three Brownsville, Texas restaurants will pay 25 workers $78,440 in back wages and penalties following a U.S. Department of Labor investigation.

Your best legal strategy: Document poor performance

10/15/2019
When employers document poor performance and keep clear records with detailed information, they seldom lose a surprise lawsuit over allegedly biased decision-making.

Not every illness constitutes a disability

10/15/2019
Fortunately, not every medical malady is a disability under the ADA. Workers must prove their condition substantially limits a major life activity.