Employment Law

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The battle to collect the largest EEOC verdict on record continues. A U.S. district judge has overridden a confidential settlement involving a Texas land deal that would have re-directed over half a million dollars away from a class of 32 intellectually disabled former employees of Hill Country Farms.

The Texas Supreme Court has ruled that simply complaining to one’s boss  about allegedly illegal activity is not whistle-blowing protected by the Texas Whistleblower Act. Employees must inform law enforcement.

Disabled employees are entitled to reasonable accommodations that allow them to perform the essential functions of the job they want or have. But, what is an essential function?
Here’s something to consider when contracting with a union. If the contract contains a so-called “evergreen clause,” be sure to follow the directions if you want to cancel the agreement after a term.
Under a new standard, many contingent employment arrangements may open the door to union organizing activities.

For a time, it seemed as if employers were losing every class-action lawsuit filed by hungry lawyers on behalf of one or two named employees. It almost became a legal cottage industry. But now courts are losing patience with some of these lawsuits—especially when the attorneys get sloppy.

Government employees have limited First Amendment rights at work to voice concerns of “public importance.” But the right doesn’t extend to causing confrontations outside of work when the speech has nothing to do with public issues.
Public employees are entitled to free speech under the Constitution—within limits. For example, the speech must involve matters of public importance. Under the right circumstances, arguing with a supervisor may even be protected.
Sometimes, employees who carelessly injure themselves deserve discipline. That’s fine, as long as you carefully document the carelessness.
Heed OSHA's memo stressing that it only needs “reasonable cause” to find merit in one.