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Employment Law

Anti-virus software maker must ward off wage & hour suit

02/02/2009

Add another big company to the list of those accused of shorting employees for overtime pay. A sales representative who worked for anti-virus software publisher McAfee recently filed suit claiming it violated the FLSA by failing to pay him overtime.

Former Victoria’s Secret employee claims pregnancy bias

02/02/2009

A Beaumont-area Victoria’s Secret employee recently filed suit in Jefferson County District Court alleging she was discriminated against because of her pregnancy. Krystal Burns brought her suit under Title VII, the Pregnancy Discrimination Act and the Texas Labor Code.

Texas town settles retaliation lawsuit with firefighter

02/02/2009

The city of Grand Prairie recently agreed to settle for $150,000 in a retaliation suit brought by a firefighter who says top brass objected when he tried to protect a co-worker from harassment.

What’s the best way to legally limit the length of leaves of absences?

02/02/2009

Q. How do we handle an employee who is on an indefinite leave of absence and does not know when he will be able to return to work?

What should we do? Employee wants a transfer as a reasonable accommodation

02/02/2009

Q. One of our employees recently developed a condition that makes it difficult for her to perform the essential functions of her job. She has asked to be transferred to a job she can perform. Are we obligated to do this?

Obama signs Ledbetter Act, easing path for pay-bias suits

01/29/2009

President Obama signed the Lilly Ledbetter Fair Pay Act on Jan. 29, making it easier for women and others to sue for pay discrimination that may date back decades. Drafted in response to a 2007 U.S. Supreme Court decision that said employees had at most 300 days to file pay discrimination complaints, the new law counts each unfairly low paycheck as a fresh discriminatory act.

Avoiding employee lawsuits: 5 lessons from the court

01/27/2009
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Beware firing based on police polygraph tests

01/27/2009

Employee theft is a big problem, and it could get bigger during hard economic times. Sometimes employers learn about “inside jobs” from police. When that’s the case, watch out for an interesting trap that can lead to litigation.

Use job ratings to counter disability claims

01/27/2009

Here’s another reason why it’s so important to continually document employee performance. If an employee who quits later says she did so because you didn’t accommodate her disability, you may be able to show that she could in fact do her job without accommodations.

OK to transfer worker on FMLA intermittent leave, as long as compensation remains same

01/27/2009

The FMLA allows employers to move employees taking intermittent leave to positions that make it easier for the employers. If you do so, just make sure that the temporary position has equivalent pay and benefits. It does not have to have equivalent duties.