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Employment Law

Need employment law advice? Your employee’s hungry attorney knows the latest on employment at will, reasonable accommodations, and more.

Minimize employer liability, optimize labor relations, bullet-proof your employee handbook and update your knowledge of ADA guidelines with our employment law advice.

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May 16 was a bad day for the NLRB. First, yet another federal circuit court ruled that two current NLRB members had been illegally appointed. Then, Republican senators fired opening salvos in a bid to dump the two current board members and slow down the confirmation of two new NLRB nominees. 

Here’s some good news for em­­ployers: According to a recent Supreme Court of Texas decision, workers who complain to their super­­visors about alleged illegal activities aren’t protected from retaliation under the Texas Whistleblower Act. That’s true even if the supervisor is responsible for legal compliance.

“Can’t we sue him for this?” That’s what many employers say after being hit with what they believe is a frivolous employee lawsuit. The First Amendment protects the rights of companies to seek such redress in court. But, in most cases, a counterclaim is not a smart move.

The NLRB has ordered a Plainview catering and food-service company to hand over reams of financial information to the United Food and Commercial Workers union to use in contract negotiations.
A federal appeals court on May 7 struck down a two-year-old National Labor Relations Board rule that would have required private-sector employers to post a notice informing employees of their rights to join or form a union.
HR pros often think twice before disciplining an employee who has complained of a serious workplace problem such as sexual harassment. It’s natural to worry about an add-on retaliation claim. But as long as discipline is clearly warranted, don’t second-guess yourself.
The ADA accommodations process must also be ongoing—and it doesn’t necessarily end with the first accommodation. But sometimes, a disabled employee can become unreasonable as time passes. You may decide to revoke an accommodation or refuse to modify it. If he sues, clear documentation showing what you did over the years can mean winning the lawsuit.
Q. Can an employer that files for bankruptcy refuse to pay employees for their work and blame the bankruptcy court for not allowing them to?
Q. We give certain employees company cars to drive. If they get traffic tickets, are we responsible for paying the fine? Or can we hold the employee liable? We don’t have a company policy on this. I was wondering if there are any sample policies.
Publicly calling an innocent person a criminal can lead to a defamation lawsuit. But what if, during court proceedings, you call a lawsuit a form of blackmail? Is that defamation?
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