• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Employment Law

Employee has routine gripe about timekeeping? That’s not necessarily protected activity

01/11/2013
Employees who question your timekeeping process may be setting you up for an FLSA lawsuit. How you respond may make the difference between winning and losing. If you promptly fix what turns out to have been an innocent mistake, the court probably won’t consider the original complaint protected activity.

Consider more leave, different job as ADA accommodation after FMLA leave expires

01/11/2013
When an employee works in a demanding position and has a medical crisis, he may not be able to return quickly to his old job. It’s en­­tirely possible he may use all available FMLA leave and other accrued leave and still receive clearance to work. That doesn’t mean his employer isn’t obligated to try to reasonably accommodate him.

Deciding not to hire, note specific reasons why

01/11/2013
You never know which unsuccessful job applicant will sue. That’s why it is crucial to internally document why you rejected a candidate. Bonus: You can also use the information for an informal internal audit to make sure a hiring manager isn’t inadvertently discriminating.

Beware double standard against working moms

01/11/2013
Here’s an important reminder that it takes just one Nean­der­thal boss to launch a lawsuit: Treat­­ing working mothers differently than working fathers is sex discrimination. Never turn a blind eye if you hear a super­visor is doing just that.

Internet Addiction Disorder: The Newest Disability?

01/09/2013

The DSM-5, the official psychiatrist’s diagnostic manual, has accepted Internet addiction disorder for inclusion, albeit in a section devoted to conditions that require further research. What does this mean for your workplace? If Internet addiction is a psychiatric disorder, then employees who suffer from it may be protected by the ADA. This development has potentially significant implications for your workplace …

After discipline, how should we respond to employee’s retaliation claim?

01/09/2013
Q. We recently disciplined one of our employees for a handbook violation. She has since alleged that she was the victim of harassment. We are now facing a retaliation claim from this employee. How should we respond to such retaliation complaints?

Firing for Facebook post doesn’t violate Texas privacy law

01/09/2013
Recently, a Texas appeals court was asked to determine whether firing an employee because of a Face­­book post violated that employee’s state law privacy rights. The court held that it did not.

Richardson Doubletree Hotel settles wage-and-hour suit

01/09/2013
The Doubletree Hotel in Richardson has agreed to pay 112 employees $102,592 to settle charges it violated the Fair Labor Standards Act.

DOL says ‘bah, humbug’ to Christmas lights installer

01/09/2013

Some may see this as part of the Obama administration’s alleged “war on Christmas.” In reality it was a simple enforcement action. The DOL recently played the Grinch by filing a lawsuit against a Dallas company that installs and removes Christmas lights.

One stupid comment doesn’t create hostile environment

01/09/2013
When terminated through a reduction in force or for some other legitimate reason, overly sensitive employees may take a shot at filing a lawsuit over perceived slights, alleging they had been forced to work in a hostile work environment. Fortunately, it usually takes more than that to win.