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Employment Law

Federal court finally nixes Obama OT rules

10/10/2017
After much litigation and confusion, employers finally have an answer to whether they will have to comply with the overtime regulations the Obama administration intended to go into effect in December 2016. They don’t.

What if we want to discuss good news during FMLA leave?

10/06/2017
Q. Can we ask an employee who is on FMLA leave to come in to discuss the possibility of applying for a promotion? Might it be better to discuss this by phone?

Are we allowed to contact an employee who is out on FMLA leave?

10/06/2017
Q. Is it OK to contact an employee during FMLA leave or ask him or her to come in to the office?

What can I do about an employee who files a workers’ compensation claim?

10/06/2017
Q. May I terminate an employee for filing a workers’ compensation claim?

EEOC challenges docs’ pay practices in Denton County, Texas

10/06/2017
The EEOC has sued Denton County, Texas, alleging its health department violated the Equal Pay Act when it paid a female doctor less than a male colleague who performed substantially the same work.

Health care in the crosshairs for wage-and-hour lawsuits

10/06/2017
Health care facilities are increasingly becoming targets of class-action wage-and-hour lawsuits. Alleging violations of the Fair Labor Standards Act, several recent lawsuits in Texas have challenged timekeeping practices related to meal breaks.

Prepare to counter retaliation claim after child abuse report

10/06/2017
Under Texas law, employees who report alleged child abuse are protected from retaliation for doing so. Being discharged within 60 days after such a report creates a rebuttable presumption that retaliation occurred. Be prepared to rebut that presumption if you decide to terminate the employee within that time frame.

NLRA doesn’t bar unrelated arbitration

10/06/2017
The National Labor Relations Act lets workers file unfair labor practice complaints with the National Labor Relations Board. But that doesn’t mean employers can’t have workers sign arbitration agreements for employment-related claims, according to a recent federal court decision.

Supreme Court tackles workplace arbitration

10/05/2017

The first day of the U.S. Supreme Court’s 2017-2018 term may go down as “an epic day for employers,” according to court-watchers analyzing oral arguments in a case that will likely decide the extent to which employers can compel employees to arbitrate work disputes instead of taking class-action lawsuits to court.

House bill to reverse Browning-Ferris advances

10/05/2017
Legislation that would overturn the National Labor Relations Board’s 2015 Browning-Ferris decision has been approved by the House Committee on Education and the Workforce.