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Employment Law

Mexico revamps labor law, with implications for U.S. firms

03/07/2013
For the first time in 40 years, Mexico has instituted significant labor reforms, a move that has far-reaching implications for its em­­ployers as well as U.S. companies doing business there.

Eye care company sees the error of its pay ways

03/07/2013
Fort Worth-based Alcon Laboratories has agreed to pay $199,443 in back wages to 342 assemblers, material handlers and production technicians at its Houston facility.

Scooter Store settles suit alleging it violated ADA

03/07/2013
New Braunfels-based mobility aids retailer The Scooter Store has settled a disability discrimination suit with the former manager of a store in New York. The manager claimed the store fired him after he requested a leave of absence to care for his psoriatic arthritis.

Courts cracking down on pro se litigants

03/07/2013
Employers that face lawsuits from employees who act as their own lawyers know it’s hard to get those cases dismissed. But judges are becoming more sensitive to this problem—and less tolerant of pro se litigants.

It’s up to employee to connect dots between alleged bias, protected status

03/07/2013
The fact that a worker may endure slights, insults or even plots to drive him out of the job aren’t necessarily the basis for liability. It’s up to the employee to prove a connection between incidents and something like his race, age, disability or other protected characteristic.

Employee complains and then quits? Investigate anyway, to prove what happened

03/07/2013
When you get a discrimination or harassment complaint, it’s essential to launch an immediate investigation. If the employee quits, continue the investigation. That way, in case of a lawsuit, you can show the court you took the complaint seriously.

Name-calling may be just the tip of the iceberg

03/07/2013
If you are receiving reports that a manager or supervisor is engaging in name-calling, look beyond the obvious problem. It just may be that discrimination is a pervasive problem. It’s your job to bring it to light before it’s too late.

Ensure FMLA status won’t affect firing decision

03/07/2013
Here’s a tip that can prevent a needless lawsuit over FMLA retaliation. When a supervisor recommends firing an employee, make sure the final decision-maker doesn’t know about any recent or current FMLA leave usage.

Use clear policy to thwart harassment claims

03/07/2013
One of the best ways to fight hostile work environment claims: a handbook with a strong sexual harassment policy that shows em­ployees exactly how they should report problems.

When it comes to discrimination, retaliation is still the No. 1 risk

03/06/2013
For the third year in a row, retaliation is the No. 1 type of job discrimination claim filed with the EEOC. Employees submitted 37,836 retaliation claims in 2012. That’s only a small increase from 2011, but up more than 100% since 1998.