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Employment Law

Former employees take big bite out of Texas Dental Association

08/02/2010
Two former employees of the Texas Dental Association are $900,000 richer after receiving back pay in a settlement agreement brokered by the National Labor Relations Board.

Records retention: Know what to keep, what’s safe to toss

08/02/2010
If there’s one thing all HR pros share, it’s probably a love/hate relationship with paper and paperwork. You know you need good records, but you also need to get rid of them periodically. That’s what a records-retention schedule will help you do.

Guard against punishing FLSA whistle-blowers

08/02/2010
The Fair Labor Standards Act makes it illegal to punish an employee who reports violations, real or perceived, to the U.S. Department of Labor. If you learn about such a report, don’t punish the messenger. Address the complaint.

Changing arbitration plan? Get every employee’s signature

08/02/2010

In Texas, employees can be required to arbitrate employment disputes instead of going to court. When they start work, employees typically sign a document indicating they received and read the agreement. But employers often change arbitration agreements. Every time they do so, employees must receive a new copy—and sign an acknowledgment that they got it.

Congrats on winning that bias case! That doesn’t mean you won’t owe attorneys’ fees

08/02/2010

When an employer discriminates, but would have made the same decision even if no discrimination occurred, it may think it can escape liability. That’s not entirely true. Courts may still award attorneys’ fees to the employee’s lawyer. And those fees may be far more than any damages the employee might have received under a discrimination claim.

Don’t fall into the retaliation trap! Have solid reason for firing complainer

08/02/2010

The HR office is often the place where a lawsuit can be prevented. That’s why HR pros must make sure every discharge or other adverse employment decision (demotion, pay cut, etc.) can be successfully defended. Be especially careful if you’re asked to approve a decision that comes closely on the heels of a discrimination or harassment complaint.

ADA: ‘Toxic’ work site (plus toxic boss) doesn’t necessarily create disability

08/02/2010

It happens. Some working relationships between bosses and their direct reports are so toxic that employees suffer psychological problems. Sometimes the tension is so bad that employees believe they’re disabled and therefore entitled to transfer to another job under another supervisor. That isn’t the case.

Base hiring decisions on listed qualifications

08/02/2010

Make sure your job announcements list all relevant experience and educational requirements. Why? Courts deciding whether to send a failure-to-hire case to trial won’t consider any qualifications you didn’t list in the job announcement. Here’s how that could play out:

Is worker fit for duty? Limit medical inquiries to essential functions

08/02/2010

You aren’t allowed to delve into an employee’s medical history or disabilities when the employee wants to keep the information private—unless you can show a clear job-related reason for doing so. To qualify as job-related, your inquiry must be narrowly tailored to assess whether the employee is capable of performing the essential functions of the job. Broad questions often run afoul of the law.

Kucinich & Fudge ask for DFAS investigation

07/30/2010
U.S. Reps. Dennis Kucinich and Marcia Fudge, members of Congress from Ohio, have asked the Acting Comptroller of the United States and the Inspector General of the Department of Defense to investigate allegations of racial discrimination at the Cleveland facility of the Defense Finance and Accounting Service (DFAS).