Texas Employer Handbook

Insights on Employment Law for Texas Businesses

Latest from Texas Employer Handbook - Page 2

Employment Law 101: Americans with Disabilities Act

December 3, 2014

Who, What, Why . . . Who does it apply to: The law applies to all employers with 15 or more employees. What is the issue: It is against the law to discriminate against an employee or a prospective employee based on a disability the person has, or that you view them as having (even if they don’t). The prohibition extends not just to hiring and firing, but to any discrimination in any significant term…

Texas Employer Handbook

The $185 Million – Yes – $185,000,000 Single Employee Discrimination Case

By Michael Kelsheimer

November 24, 2014

On November 17, a federal jury returned a verdict against AutoZone in favor of a single plaintiff for the insane amount of $185,000,000.00 in punitive damages. The plaintiff alleged gender and pregnancy-related harassment, discrimination, and retaliation. On November 19, a federal judge in the U.S. District Court for the Southern District of California upheld the jury’s verdict and finding on punitive damages. The case is entitled Juarez v. AutoZone (Case No. 3:08-CV-00417). An appeal will…

Texas Employer Handbook

Corporate Wellness Programs: It’s Time for a Check-Up

By Michael Kelsheimer

November 18, 2014

The EEOC is back at it! This time it has targeted corporate wellness programs and is challenging the legality of such programs under the ADA. The EEOC contends that the biometric testing and health risk assessments are “disability-related inquiries and medical examinations” that are not job-related and consistent with business necessity and, therefore, violate Title I of the ADA. The EEOC is focusing on the voluntary element of employee’s participation in a wellness program. Because…

Texas Employer Handbook

Employment Law 101: Employee Handbooks

By Michael Kelsheimer

October 30, 2014

This month, our e-notification linked to the blog rather than the PDF of our Employer Handbook article. Sorry. If you are saving copies of the PDFs (hint, hint), please click here. Who, What, Why . . . Who does it apply to: It is up to you. A business with two employees might benefit from an employee handbook. A business with 100 might function fine without one. There are no legal rules…

Texas Employer Handbook

EEOC Trying to Change the “Status” for Transgendered Employees

By Michael Kelsheimer

September 30, 2014

On September 25, 2014, the EEOC filed lawsuits in Florida and Michigan accusing employers of discriminating against transgendered employees. These are the first two cases ever filed seeking to protect transgender workers under Title VII. In the Florida Case, EEOC v. Lakeland Eye Clinic, the EEOC claims that Lakeland terminated an employee, Branson, in violation of Title VII. Specifically, the lawsuit alleges that “[a]t the time of hire, Branson presented as male (e.g., used the…

Texas Employer Handbook

Shop Until You Drop – But Take a Day to Pray

By Michael Kelsheimer

September 9, 2014

From the time that S. Truett Cathy opened his first Chick-Fil-A in 1946, he made the decision to close his restaurants every Sunday to give his employees “an opportunity to rest, spend time with family and friends, and worship if they choose to do so.” When I heard the news that S. Truett Cathy passed away yesterday, his management philosophy reminded me of an employment law enacted by Texas lawmakers in 1993 requiring retailers to…

Texas Employer Handbook

Employment Law 101: Worksite Lactation Breaks

By Michael Kelsheimer

August 26, 2014

Who, What, Why . . . Who does it apply to: According to the Patient Protection and Affordable Care Act, all employers with more than 50 employees nationwide are required to comply. Employers with less than 50 employees may not comply if it would be an undue hardship. What am I supposed to do: Employers must offer reasonable time for breaks to nursing mothers who need to express milk and must provide an appropriate space…

Texas Employer Handbook

Losing My Religion: Do I Want to Know My Employee’s Religious Beliefs?

By Michael Kelsheimer

August 15, 2014

The Fifth Circuit Court of Appeals recently updated employees’ guide to southern manners. Don’t worry, employees should still say “yes ma’am” and “no ma’am.” But you know the old saying that you should never discuss politics or religion at work? Well employees better forget that saying ever existed. Not only should employees discuss their religion at work, they should make their religious beliefs known to management when religious accommodations are necessary. Yes. You read that…

Texas Employer Handbook

Employment Law 101: Pregnancy Discrimination

By Michael Kelsheimer

July 29, 2014

Who, What, Why . . . Who does it apply to: The law applies to all employers with 15 or more employees. What is the issue: Title VII was passed in the 1960’s to protect against discrimination based on race, color, religion, sex or national origin. Since that time, other laws have been passed adding protection against discrimination toward other groups. The Pregnancy Discrimination Act (“PDA”) was passed in 1978 to modify Title VII to…

Texas Employer Handbook

Employment Law 101: Travel Time

By Michael Kelsheimer

May 30, 2014

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Who, What, Why . . . Who does it apply to: All employers who are subject to the Fair Labor Standards Act, which is virtually every employer. What is the issue: Employers are required to count certain time spent traveling toward an employee’s hours worked each week unless the employee is exempt from overtime. (For more information on who is exempt from overtime, see the Exemptions edition). The problem is that not all time must…

Texas Employer Handbook

Insights on Employment Law for Texas Businesses

Employment Law 101: Americans with Disabilities Act

The $185 Million – Yes – $185,000,000 Single Employee Discrimination Case

Corporate Wellness Programs: It’s Time for a Check-Up

Employment Law 101: Employee Handbooks

EEOC Trying to Change the “Status” for Transgendered Employees

Shop Until You Drop – But Take a Day to Pray

Employment Law 101: Worksite Lactation Breaks

Losing My Religion: Do I Want to Know My Employee’s Religious Beliefs?

Employment Law 101: Pregnancy Discrimination

Employment Law 101: Travel Time

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