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Employment Law

Unemployment denied—even if misconduct wasn’t intentional

08/04/2009

Employees sometimes don’t do what they are told to do because they don’t think the task is possible or is too hard. If you fire such an employee for breaking a company rule—“Do what your boss tells you to do!”—you might be able to defeat the employee’s unemployment compensation claim.

Know the 3 criteria for same-sex harassment

08/04/2009

Men can sexually harass men, and women can sexually harass women. The U.S. Supreme Court has outlined three ways an employee can prove that an incident of same-sex harassment is sex discrimination:

Report blasts Austin’s construction safety record

08/04/2009

According to a critical report surveying the construction industry, 20% of Austin-area construction workers last year reported on-the-job injuries that required a trip to the doctor, and 20% of those employees said employers refused to pay their medical bills.

Lufkin ordered to pay $3 million in race bias suit

08/04/2009

A federal district court has ordered Lufkin Industries, the East Texas oilfield and industrial equipment manufacturer, to pay more than $3 million in back wages to a group of approximately 900 employees who claim they were victims of race discrimination.

Galveston nurse sues hospital; claims firing was race based

08/04/2009

A Galveston County registered nurse is suing the University of Texas Medical Branch, arguing that she was discharged from her job because of her race.

Supreme Court rules in firefighter ‘reverse’ discrimination case

08/04/2009

The U.S. Supreme Court has ruled that the city of New Haven, Conn., violated the rights of white and Hispanic firefighters who took promotion exams when it refused to use the test results to promote the highest scorers. The court ruled that the city could not use “[f]ear of litigation alone” to justify rejecting the results simply because the test appeared to have a disparate impact on another minority—namely the black firefighters who took the test.

Should we discontinue ‘casual Fridays’ that include beer and wine ‘happy hours’?

08/04/2009

Q. For several years, Fridays have been “casual days” for our employees. Beer and wine are served beginning around 4:30 p.m. We hate to stop this practice because our employees seem to enjoy it and there has never been a problem. Should we stop?

How does the FLSA treat bonuses & overtime?

08/04/2009

Q. How do bonuses affect the overtime rate calculation under the Fair Labor Standards Act?

Progressive discipline and pregnancy: Can the process continue?

08/04/2009

Q. If an employee is already on probation when she becomes pregnant, can we continue progressive discipline measures, including possible discharge?

Lilly and Carlos: Questions and answers on the Ledbetter Act’s unintended consequences

08/04/2009

The Lilly Ledbetter Fair Pay Act was designed to ensure pay equity for women. It does a whole lot more than that! Learn how this landmark legislation affects all protected employee classes and could influence your employee benefits program.