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Employment Law

HCE exemption hard for worker to challenge

06/13/2019
Employees who earn at least $100,000 per year to perform office work and at least one duty required under the Fair Labor Standards Act’s administrative, executive or professional classifications may be considered Highly Compensated Employees who are exempt from the law’s overtime requirements. Few workers who challenge an HCE classification win.

Act immediately to put a stop to harassment

06/13/2019
Employers that take every sexual harassment complaint seriously, investigate the allegations and act fast to stop it usually prevail if an internal complaint turns into a lawsuit. A recent case demonstrates what employers should routinely do.

When exempt ‘managers’ do all work, expect lawsuits

06/13/2019
When retail managers you classify as exempt from the Fair Labor Standards Act’s overtime provisions end up doing the bulk of the work in the store, you may have a misclassification problem.

No ‘magic words’ needed for bias complaint

06/13/2019
Employees are protected from retaliation for reporting discrimination or complaining about other Title VII violations. It’s even true if the employee doesn’t specifically state what kind of discrimination she’s charging, if she has generally been complaining about it over some time.

Back pain common, but not always a disability

06/13/2019
Back pain is the most commonly cited cause of work-related disability. But is back pain always an ADA-qualifying disability?

Ensure dress code allows for religious needs

06/11/2019
Your dress code must allow some leeway for religious exemptions. The EEOC takes religious discrimination seriously and has been aggressively going after employers that enforce dress codes that unnecessarily restrict employees’ faith-mandated attire.

Any risk of not reducing demoted worker’s pay?

06/10/2019
Q. We moved a salaried supervisor to a rank-and-file hourly position, but we left him at the higher salary. Now, several co-workers are complaining that they’re being paid less for the same job and grumbling about discrimination. The co-workers are of different nationalities than the former supervisor. Should we raise the co-workers’ salaries if we want to be as cautious as possible to avoid a lawsuit?

Fort Worth firm pays $85,000 to settle age bias complaint

06/10/2019
Atlas Energy in Fort Worth has agreed to pay a former production foreman $85,000 to settle an age discrimination lawsuit.

$22,000: Cost of failing to provide space to pump milk

06/10/2019
The Affordable Care Act amended the Fair Labor Standards Act to require employers to provide nursing mothers a clean, private place (that is not a restroom) to express milk. Allegiance Behavioral Health Center, located in Plainview, Texas, apparently didn’t understand that.

Document promotion process to show you chose the best

06/10/2019
Employers that follow their own rules and maintain accurate and complete records of their promotion decisions generally win failure-to-promote cases.