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Employment Law

More questions than answers after NLRB Facebook firing ruling

11/13/2012
By now, you have probably heard about the NLRB decision in Karl Knauz Motors, Inc. d/b/a Knauz BMW. On appeal, the NLRB agreed with the ruling of an administrative law judge  that Knauz BMW did not violate the National Labor Relations Act when it fired a salesman for making a derogatory post on Face­­book. However, employers shouldn’t take much comfort in the outcome.

DOL sues Houston emergency medical services companies

11/13/2012
The DOL has filed a lawsuit against three Houston-based ambulance companies—Pride EMS, Allyn Medical EMS and North Cypress EMS—and their common owners, seeking an injunction for alleged Fair Labor Standards Act violations.

Houston ice cream workers get double scoop of back OT

11/13/2012
An ice cream parlor franchisee will pay almost $31,000 to 12 employees following a U.S. Department of Labor investigation that found that the Marble Slab Creamery shops violated the Fair Labor Standards Act by failing to pay overtime.

For exempt status, it’s job duties that count

11/13/2012
Giving someone a fancy title doesn’t make him an exempt employee who’s ineligible for overtime pay. Real duties determine exempt status.

Long gap after complaint won’t support retaliation claim

11/13/2012
A federal court has ruled that a two-year gap between an employee’s discrimination complaint and alleged retaliation is too long. Otherwise, employers could face retaliation claims years or even decades after resolving an original complaint.

Not picked for unpaid additional duties? That’s not grounds for discrimination suit

11/13/2012
Some government agencies and utilities have special-duty assignments—units that are called out in emergencies or during busy times. While serving on such a team may be prestigious, not being selected isn’t usually grounds for a discrimination lawsuit.

That’s so funny I forgot to laugh! What to do when joking crosses the line

11/13/2012

Some employees think that teasing each other—even about sensitive topics like race—is perfectly fine. But sometimes joking escalates to the point where what was once tolerated or even welcomed crosses the line. How you handle those situations can mean the difference between winning or losing a reverse-discrimination case.

Bias complaint? Beware retaliation claim, too

11/13/2012
Here’s an important reminder for employers when an employee alleges discrimination. Regardless of the merit of the original claim, remind supervisors they can’t retaliate.

After military leave, is employee due merit raise?

11/13/2012

Q. One of our employees was on military leave for six months. He will be reinstated at the same pay and position. While he was gone, all employees in his department received a 4% pay raise in recognition for their hard work in the past year. Must we pay him that raise?

Track all discipline to prove you don’t discriminate when punishing employees

11/12/2012

Employee lawsuits that appear out of nowhere often involve some form of alleged discrimination against someone who believes he was disciplined more harshly than other employees. That’s one reason you should routinely track all discipline.