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Employment Law

Documentation key if you must discipline employee who took protected leave

12/13/2016
Document it carefully if, while an employee is out on protected leave, you discover that she has broken a workplace rule that warrants discipline.

NLRB likely to favor employers, not labor unions, under Trump

12/13/2016
Expect an employer-friendly National Labor Relations Board with President Trump in office.

Puzder likely to walk back DOL’s advocacy

12/13/2016
If Andrew Puzder is confirmed as the Trump administration’s Secretary of Labor, the Department of Labor is likely to execute a sharp U-turn away from the policies and regulatory practices of the last eight years.

5th Circuit to hear expedited overtime appeal

12/13/2016
The 5th Circuit Court of Appeals has agreed to an Obama administration request to fast-track an appeal of a federal judge’s injunction preventing new overtime rules from taking effect.

HR in Transition: The Trump Administration

12/12/2016
In 2016, America voted for change, and the HR world will certainly see its fair share. Here is some of the HR Specialist’s analysis of Trump administration and how it will impact employment law and the U.S. workplace:

Portland, Texas restaurant settles retaliation case with DOL

12/12/2016
A Mexican restaurant outside Corpus Christi, Texas, has settled a Department of Labor lawsuit alleging it retaliated against a whistleblower employee.

Houston strippers to receive $1.1 million for pay violations

12/12/2016
The owners of four adult entertainment clubs in Houston will pay more than $1 million to settle a federal lawsuit filed against them by some of their dancers.

When ADA is at issue, attendance is job requirement

12/12/2016
The longer an injured employee stays out, the less likely the employer will lose an ADA lawsuit over a subsequent termination.

Even very small employers are probably covered by Fair Labor Standards Act

12/12/2016
Any employer that does at least $500,000 worth of business is probably covered by the Fair Labor Standards Aact.

Make sure job descriptions reflect reality

12/12/2016
If an employee can show that a job description isn’t accurate, the court may take her employee’s word for it.