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Employment Law

How can we protect against subsequent lawsuits following on-the-job injuries?

10/04/2011
Q. My company is a nonsubscriber under the Texas Workers’ Compensation Act and has its own on-the-job employee injury benefit plan. Is there any way to increase the likelihood that employees who receive benefits under the plan will not be able to later sue us to recover damages related to their injuries?

Texas agency slapped with federal discrimination lawsuit

10/04/2011
The U.S. Department of Justice is suing the Texas Depart­­ment of Family and Protective Serv­­ices for race and gender discrimination, alleging that supervisors regularly harassed a black employee and later wrongly fired him.

3 new NLRB decisions keep recent pro-union streak alive

10/04/2011
The NLRB has issued three significant decisions that affect the relationship between unions, em­­ployers and employees. These include new rules for determining what is an appropriate bargaining unit and when employees can vote a union out as their representative. Together, they add to the NLRB’s recent record of ruling in favor of unions and against employers.

EEOC flips switch on harassment suit against Philips Lighting

10/04/2011
The EEOC is suing Philips Lighting, alleging that it allowed a woman who worked in its Dallas warehouse to endure severe sexual harassment.

Did Scooter Store pull an ADA fast one?

10/04/2011

File it under “Ironic.” The Scooter Store faces EEOC charges that it failed to accommodate an employee who had a hard time getting around because of an injured knee. The New Braunfels-based chain sells motorized scooters and power chairs for people with limited mobility.

Court: 180-day deadline to file state bias claims is firm

10/04/2011
The Court of Appeals of Texas has ruled that the 180-day deadline for filing state discrimination charges should be strictly enforced. Em­­ployees who file late are out of luck.

Beware the tipping point: Setting up tip pool often requires expert legal advice

10/04/2011
Restaurants that use tip pools and rely on the tip credit to justify paying their employees $2.13 per hour rather than the minimum wage of $7.25 per hour often grapple with which employees can be included in the pool. It’s not always clear.

Committee choosing employees for promotion? Insist on complete record of selection factors

10/04/2011
It’s hard picking which employees to promote and which ones to pass over, especially when a committee must make the decision. The HR professional overseeing the selection process should get proactive by insisting that the committee document the proc­­ess.

EEOC: Something fishy about Bass Pro’s hiring patterns

10/04/2011
An EEOC lawsuit claims the Bass Pro Shops outdoor sporting goods retailer has been discriminating against black and Hispanic job applicants since at least 2005. The alleged reason: Minority employees wouldn’t fit the stores’ “corporate profile.”

Track employee input on ADA accommodations

10/04/2011
When it comes to accommodating disabilities, the process is supposed to be interactive. That means both the employee and em­­ployer are supposed to discuss how best to accommodate a disability while meeting everyone’s needs. It’s important to keep excellent records showing your efforts at accommodation and em­­ployees’ responses—especially if they are less than cooperative.