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Texas

What behavioral psychology has to do with unionization

11/15/2017

When employees consider whether to invite a union into the workplace to represent them, their choice may be guided by the psychology of decision-making. A recent book on the subject sheds light on how employers can respond to unionization efforts.

Was disability bias behind Lowe’s manager demotion?

11/15/2017

An employee at a Lowe’s store in Cleburne, Texas claims the home improvement chain violated the ADA when it demoted him from his department manager position and cut his pay.

Medical practice faces suit over compulsory Bible studies

11/15/2017

Lewisville, Texas-based Shepherd Healthcare is being sued by a woman who claims she was fired for refusing to participate in a daily Bible study at work.

Texas agencies may be immune to ADA claims

11/15/2017

Texas state agencies may not be sued under several federal laws unless state government immunity has been waived by Texas.

Disciplining whistleblower? Beware retaliation charge

11/15/2017

If a supervisor receives a whistleblower complaint from a subordinate, make sure he or she has no decision-making role in any subsequent discipline against the whistleblower.

OK to fire if you discover mistakes while employee is out on FMLA leave

11/15/2017

Sometimes, an employee with a blemished disciplinary history may think he will be protected from termination if he takes FMLA leave. But the FMLA right to return isn’t absolute.

Lawsuit claims misclassification? It could become a costly class-action case

11/15/2017

When one or two employees claim that they have not been paid overtime because they were improperly classified as exempt, they don’t need much evidence to turn the case into a class-action lawsuit.

No ADA violation if accommodation is found outside interactive process

11/15/2017

If an employee doesn’t engage in the interactive accommodation process, instead offering up his own idea for a reasonable accommodation, does the employee still have the right to file a claim alleging failure to engage in the interactive process?

Beware Texas Occupations Code retaliation

11/15/2017

A nurse who makes a report under the Texas Occupations Code is protected from discipline because of that report. Discipline within 60 days is presumed to be retaliation. However, employers can rebut this presumption by showing the discipline was not related to the report.

Be ready to explain lower pay after complaint

11/15/2017

When employees complain about discrimination or some other employment law violation, that’s generally considered protected activity. Punishing them in a way that affects pay may be unlawful retaliation.