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Employment Law

Sex-for-job quid pro quo indefensible in court

08/06/2018
Make sure you police what your managers and supervisors are doing when hiring applicants. A demand for sex in exchange for a job is basically indefensible.

Ignore a lawsuit, prepare to pay millions

08/06/2018
Do you have a solid process for making sure that any lawsuits filed against you are promptly processed and sent to your attorney? If not, you risk a potential default judgment that can cost you a million dollars or more.

Don’t expect quick dismissal of FMLA suit just because you have few employees

08/06/2018
A New York employer has learned the hard way that there’s no quick and easy way to get an FMLA case dismissed—even if it may not have enough employees to be covered by the law.

Layoffs and union contracts: When seniority collides with disability, seniority prevails

08/06/2018
When conducting layoffs, some employers give preference to more experienced workers, letting them keep their jobs while less senior workers must go. Disabled employees who get bumped may claim they should have been given preference, keeping their jobs as a reasonable accommodation.

Slower pace not a reasonable accommodation

08/06/2018
Employers are supposed to offer reasonable accommodations so disabled employees can perform the essential functions of their jobs. That doesn’t mean, however, that disabled employees can insist on lower production standards or the ability to do their jobs at their own pace.

You must provide space to pump milk

08/06/2018
Employers that haven’t yet made arrangements for providing new mothers with a private place to express milk for their infants beware: Failing to do so violates a host of laws aimed at protecting the right to nurse.

Corsicana, Texas firm allegedly didn’t stop repeated harassment

08/06/2018
A company that sells and installs screen porches in Corsicana, Texas faces an EEOC harassment lawsuit.

Amarillo, Texas carniceria settles OT and child labor complaints

08/06/2018
Carniceria La Popular, a combination butcher shop, grocery store and restaurant in Amarillo, Texas, has agreed to settle charges it violated the Fair Labor Standards Act and child labor laws.

Tyler, Texas pulmonary practice sued, questionnaire violated ADA

08/06/2018
A medical practice in Tyler, Texas faces an EEOC lawsuit alleging it fired a woman after she filled out a questionnaire that required employees to disclose past surgeries, injuries and disability ratings.

Reorganization can justify termination decision

08/06/2018
Courts are naturally suspicious when employees who have filed lawsuits end up getting fired. But when an employer can explain that someone lost her job because of a valid business reason, courts seldom second-guess that decision.