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Employment Law

DOL offers post-Florence assistance

09/18/2018
The U.S. Department of Labor will provide assistance to workers in Georgia, North Carolina and South Carolina who lose their jobs because of Hurricane Florence.

Disability is no excuse for poor performance

09/17/2018
Disabled workers are entitled to reasonable accommodations that allow them to perform the essential functions of their jobs. However, accommodations must be related to the disability. They can’t serve as an excuse not to perform essential job functions.

NLRB proposes looser joint-employer standard

09/17/2018
The National Labor Relations Board wants to revise the rule that determines if two employers can be considered joint employers for the purpose of deciding labor-management disputes.

The ‘new’ ADA: How to handle employee disabilities

09/16/2018
When Congress expanded the Americans with Disabilities Act in 2009, it broadened the circle of people eligible for ADA rights even wider. That has led to a spike in people filing ADA-related legal claims. Here’s what managers need to know about the ADA:

Murphy Oil will funnel $100,000 to former manager

09/13/2018
A San Antonio-area Murphy Oil gas station will pay $100,000 to a manager it fired, settling charges it violated the ADA when it failed to accommodate his disability.

EEOC lawsuit? Be sure to track when employee filed

09/13/2018
Generally, an employee has 90 days after receiving an EEOC right-to-sue letter to file a federal discrimination lawsuit. But counting out just 90 days may not be good enough.

In retaliation cases, passage of time matters

09/13/2018
Sometimes, a worker who files several discrimination claims will argue that any subsequent punishment was retaliation. Fortunately, the more time that passes between the complaints and the discipline, the less likely he will be able to claim retaliation.

Expect disability-related lawsuit to be a long, drawn-out slog through court

09/13/2018
When it comes to disability discrimination cases, early dismissal is unlikely. That’s mainly because it takes testimony to sort out whether the employee who is suing has a severe enough ailment or condition to substantially affect major life activities.

Rely on Motor Carrier Act to exempt drivers? Show you’re engaged in interstate commerce

09/13/2018
Some workers are covered by the Motor Carrier Act exemption, which essentially says that workers involved in trucking that crosses state lines don’t have to be paid overtime. But recent court decisions have narrowed that MCA exemption, requiring employers to clearly prove they are engaged in interstate trucking.

Beware firing health care whistleblowers

09/13/2018
Texas state law protects health care workers and others from discharge for reporting potential health and safety violations to their employer or an outside agency. Firing someone who made a good-faith whistleblowing report can backfire badly.