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Texas

Health care in the crosshairs for wage-and-hour lawsuits

10/06/2017
Health care facilities are increasingly becoming targets of class-action wage-and-hour lawsuits. Alleging violations of the Fair Labor Standards Act, several recent lawsuits in Texas have challenged timekeeping practices related to meal breaks.

Prepare to counter retaliation claim after child abuse report

10/06/2017
Under Texas law, employees who report alleged child abuse are protected from retaliation for doing so. Being discharged within 60 days after such a report creates a rebuttable presumption that retaliation occurred. Be prepared to rebut that presumption if you decide to terminate the employee within that time frame.

NLRA doesn’t bar unrelated arbitration

10/06/2017
The National Labor Relations Act lets workers file unfair labor practice complaints with the National Labor Relations Board. But that doesn’t mean employers can’t have workers sign arbitration agreements for employment-related claims, according to a recent federal court decision.

‘How are things going?’ triggers new union election

08/30/2017
Eight years of an Obama-era Democratic majority at the National Labor Relations Board have brought about some counterintuitive decisions and pro-union outcomes. One of the latest is Mek Arden, LLC d/b/a Arden Post Acute Rehab (365 NLRB No. 109, 2017).

Disabled vet nominated to fill EEOC vacancy

08/30/2017
President Trump has nominated disabled Iraq War veteran Daniel Gade to serve on the EEOC.

Texas Workforce Commission wage claim ends FLSA case

08/30/2017
When a former employee asks the Texas Workforce Commission to order her former employer to cough up allegedly unpaid wages, the commission’s decision on what was owed can be used to end a Fair Labor Standards Act claim for the same pay.

Former Austin cop seeks $1 million for retaliation

08/30/2017
A former firearms instructor for the Austin Police Department has filed a retaliation lawsuit claiming the department retaliated against him for filing an EEOC discrimination complaint.

Brief, creepy overture doesn’t necessarily amount to sexual harassment

08/30/2017
Not every attempt at seduction becomes a sexual harassment case—as long as the employer takes appropriate action right away once it learns what happened.

HR has a duty to call out discrimination–which is why it’s protected speech

08/30/2017
HR professionals have protection against being fired for voicing legitimate concerns about discrimination and for refusing to engage in activities they believe may be discriminatory.

Retire or get fired? Prepare for lawsuit

08/30/2017
Because the choice between being fired or retiring isn’t entirely voluntary, a forced retirement is sometimes the legal equivalent of being fired. The employee may be able to sue for alleged discrimination even if she chooses to retire and receives retirement benefits.