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Texas

PWFA enforcement halted in Texas

03/04/2024

A federal judge has ordered the federal government not to enforce the Pregnant Workers Fairness Act in Texas after the state government filed a lawsuit contesting how the law was passed.

Lessen liability by quickly addressing sexual harassment

02/23/2024

Just having a policy that prohibits sexual harassment can prevent harassment from occurring. Most employers also make it easy for employees to report harassment they experience or witness.

Get written acknowledgment for every missed shift

02/02/2024

Employers that have clear rules and apply them fairly seldom lose termination lawsuits—if they can prove their employees understood the rules. One of the best ways to demonstrate that is by consistently having workers acknowledge that they broke a rule. Do this at the time you discipline the worker, pointing out what rule they broke. A brief written disciplinary notice with a space for the employee’s signature should to the trick.

Develop a process for extending FMLA leave

01/26/2024

Every employer needs a clear process for handling requests for additional time off after an employee exhausts FMLA leave. How you handle those requests can make the difference between winning and losing a disability discrimination lawsuit.

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.