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Employment Law

Texas limits employee’s right to claim emotional distress

09/08/2009

Texas doesn’t allow so-called intentional infliction of emotional distress claims by employees when the underlying facts show the case is covered by employment laws that address bias. That gives employees one less weapon to wield.

Former crew leader sues Teknor Color for disability bias

09/08/2009

A former Teknor Color Co. employee is suing the Jacksonville company for violating the ADA and the Civil Rights Act when it terminated her from her crew leader position.

EEOC sues San Antonio apartment company for race bias

09/08/2009

The EEOC recently filed a lawsuit against a San Antonio apartment management company for discriminating against an employee after he hired a black worker.

Can we recover the cost of a former employee’s laptop by withholding from his final paycheck?

09/08/2009

Q. An employee who recently quit has not returned a company-owned laptop computer worth more than $1,000. Can we withhold the value of the computer from the employee’s last paycheck?

Is it too late to call for a union election?

09/08/2009

Q. Someone from outside our company approached our HR vice president wishing to discuss a “personnel matter.” During the meeting, he presented the vice president with a set of union authorization cards signed by over half of the company’s employees. As the vice president flipped through the authorization cards, the individual stated that he is a union business agent and that his union represents a majority of an appropriate bargaining unit at the company. Are our employees entitled to an election to determine if they will be represented by the union?

EFCA compromise gains momentum in Congress

09/04/2009

Congress will be taking a fresh look at the Employee Free Choice Act (EFCA) this fall, now that a Capitol Hill compromise has stripped out the bill’s controversial “card check” provision, which would have required union certification with a majority of employee signatures.

Beware firing ill employee after FMLA expires

09/02/2009

Employers sometimes have the mistaken belief that employees with serious health conditions who have used up all their FMLA leave can be terminated if they can’t return to work. That’s simply wrong. In fact, those employees may be entitled to reasonable accommodations—including additional time off—under the New York State Human Rights Law and the New York City Human Rights Law.

Federal court asks N.Y. to rule on harassment

09/02/2009

New York City employers may soon have a definitive answer to a vexing question under the New York City Human Rights Law (NYCHRL). The 2nd Circuit Court of Appeals has asked the New York Court of Appeals to tell the federal court whether the NYCHRL permits employers to raise the affirmative defense available under U.S. Supreme Court sexual harassment rulings.

EFCA compromise gains momentum in Congress

09/02/2009

Congress will be taking a fresh look at the Employee Free Choice Act (EFCA) this fall, now that a Capitol Hill compromise has stripped out the bill’s controversial “card check” provision, which would have required union certification with a majority of employee signatures.

Record of support for pregnant women, working moms helps win discrimination cases

09/02/2009

Employers that support pregnant and working mothers fare better if they do get sued by someone who believes she suffered pregnancy discrimination. That’s because courts are reluctant to believe that an organization would suddenly become biased after demonstrating a history of progressive policies for pregnant women and working mothers.