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Employment Law

‘No texting while driving,’ Obama tells federal staff, as more states outlaw texting for all drivers

11/02/2009

President Obama last month signed an executive order that directs federal employees “not to engage in text messaging while driving government-owned vehicles; when using electronic equipment supplied by the government while driving; or while driving privately owned vehicles when they’re on official government business.”

Sudden retirement? Watch for age bias lawsuit

11/02/2009

Older employees who believe a supervisor is trying to get rid of them because they’re too old can voluntarily retire—and then turn around and sue their former employer. By citing the so-called constructive discharge theory, they can show they had no choice but to quit.

Use clear criteria to ensure bias-free hiring

11/02/2009

Judges rarely second-guess the decisions of employers that use reasonable methods to hire or promote the best candidates. By using objective criteria and documenting the selection process, savvy employers win most cases.

Know the leave factors to consider when the FMLA and the ADA might both apply

11/02/2009

Many employers believe that if an employee needs accommodations for a disability that’s related to the same serious health condition covered by the FMLA, they don’t have to provide any additional leave once the employee has used 12 weeks of FMLA leave. That’s not always true. In fact, additional unpaid leave after FMLA leave has been exhausted may be a reasonable accommodation under the ADA.

Check your pay rates! Obvious male/female disparity is probably ‘willful’ discrimination

11/02/2009

The Equal Pay Act (EPA) makes it illegal to base unequal pay on gender. Employees have up to three years to sue after the last allegedly discriminatory paycheck if their employer’s violation was “willful,” and two years if it was not. Unfortunately, any obvious wage disparity is probably willful.

Beware promises about schedules, retention that could create an employment contract

11/02/2009

Texas is an at-will employment state, which means employers are free to fire employees for any nondiscriminatory reason unless an employment agreement or union contract specifically says otherwise. But what if an employer promises an employee a better schedule or that she’ll be retained for a specific period of time? Does that create a contract, thus jeopardizing at-will status?

Napolitano: Work site enforcement, border security connected

11/02/2009

Work site enforcement efforts directly support the Department of Homeland Security’s border security measures, Secretary Janet Napolitano said at a recent border-security conference. She said keeping illegal immigrants from crossing the U.S.-Mexico border depends on making sure employers don’t hire undocumented workers …

OSHA proposes $237,500 in fines against refinery

11/02/2009

OSHA last month announced it has issued $237,500 in proposed penalties against a Big Springs oil refinery accused of cutting corners on safety. The fines will be levied against Alon USA after an OSHA inspection found numerous safety violations.

DFW-area firm settles harassment suit for $60,000

11/02/2009

Greater Metroplex Interiors, a Southlake drywall and light construction company, has agreed to settle claims that it fired a female employee in retaliation for her complaints about sexual harassment and gender discrimination.

Supreme Court’s new term: Arbitration, disparate impact on docket

11/02/2009

Several cases on the U.S. Supreme Court’s docket this term involve employment and labor-related issues. One of the most notable of these will decide how much time plaintiffs have to file a lawsuit when they believe they have been unfairly penalized by hiring tests. Other cases will resolve issues involving an alleged whistle-blower, pension benefits, race discrimination and labor arbitration.