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Texas

You can’t dodge Title VII by misclassifying employees as independent contractors

10/25/2023

One benefit of engaging independent contractors to perform work is that contractors don’t count as employees for purposes of complying with laws such as Title VII of the Civil Rights Act. But, just calling someone an independent contractor doesn’t necessarily mean she is one. She might really be an employee.

Court shoots down one objection to the new OT rule

10/19/2023

Robert owns 14 fast-food restaurants in Texas, all employing managers classified as exempt. That means he must pay them a salary that meets the minimum salary level set when the Department of Labor last updated the overtime rules: $684 per week.

DEI on the chopping block? Appeals court tees it up

08/25/2023

A federal appeals court just made it harder for some employers to defend against discrimination claims, and the ruling could set up a big Supreme Court fight that may put diversity, equity and inclusion programs in jeopardy nationwide.

ADA: Consider hybrid work as possible reasonable accommodation

08/07/2023

Under the ADA, disabled workers may be entitled to modified work schedules if it will allow them to perform the essential functions of their jobs. However, most courts recognize that in-person work can be an essential job function. But then there’s hybrid work in which employees sometimes report to their employers’ premises and sometimes work from home. Can hybrid work be a reasonable accommodation for a disabled worker?

Is working a 16-hour shift an essential function? Maybe

08/04/2023

The ADA requires employers to make reasonable accommodations so disabled employees can perform the essential functions of their jobs. Generally, employers get to determine which functions are essential and which are not. Courts tend to defer to an employer’s assessment of what’s essential and what is not when determining whether a reasonable accommodation is possible. However, it’s not a slam-dunk that they will.

Pregnant employee? You’re not their doctor and you don’t know what’s best for her!

06/21/2023

The Pregnant Workers Fairness Act takes effect June 27. In the run-up to that date, the EEOC has begun filing pregnancy-discrimination lawsuits at a rapid clip. For example, it just sued a bar over allegations that managers adopted a paternalistic approach to pregnancy, resulting in the firing of a pregnant bartender.

Court to Tesla: Anti-union meetings OK, Musk’s tweets are illegal threats

04/24/2023

A federal appeals court has weighed in on what management can do to dissuade employees from voting to unionize. It said holding meetings to explain why the employer opposes the union is fine. However, instituting a workplace rule that says employees can’t talk to the media illegally infringes on worker rights under the National Labor Relations Act.

Case of the Week: Ensure HR reviews, signs off on all PIPs

04/17/2023

When an employee needs to do a better job, supervisors are often the ones charged with creating a performance improvement plan. Since PIPs are often a last-chance option for underperforming employees, it’s common for them to include stringent attendance requirements. But allowing supervisors to set the terms of a PIP without close HR supervision can be a big mistake.

Offer equal access to high-quality training

02/16/2023

A federal appeals court has ruled that unequal or inadequate training may be an adverse employment action that can justify a discrimination lawsuit—just like demotion, failure to promote and termination.

Appeals court: Federal contractors don’t have to ensure their employees are vaccinated

12/22/2022

In a 2-1 decision, the 5th Circuit Court of Appeals upheld a lower court’s preliminary injunction blocking a federal mandate requiring federal contractors to ensure their employees are vaccinated against COVID as a condition of receiving government work.