Month: July 2014

EEOC Issues New Pregnancy Discrimination Act Guidance

Employment blogs were en fuego a couple weeks ago about the new Pregnancy Discrimination Act guidance from the EEOC. (It must have brought a lot of traffic to the EEOC. Their website crashed for a few days this week. I was unable to pull the new guidance to discuss it.) The guidance clarifies important interactions between …

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Can my employer make me waive FMLA protection?

No, an employer cannot require you to sign a waiver of protection under FMLA for future leave or protection from discrimination on the basis of prior use of FMLA. Department of Labor regulations on FMLA prohibit employers from requiring employees to waive FMLA rights and hold any waiver invalid. Like minimum wage and overtime protections, employers …

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EEOC lands $180,000 settlement with employer who fired an employee for eating chips

The headline sounds crazier than the facts behind this case, which involves a disability discrimination suit on a wrongful termination. The case arose in a California federal district court against the employer, Walgreens. (The case is EEOC v. Walgreens.) The case involves an employee who broke a workplace rule to avoid a diabetic shock and lost her …

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10 Things to Do After a Slip and Fall Injury in Texas

Injuries in grocery stores, department stores, restaurants and other public places have been a source of personal injury claims for over a century. These slip and fall type injury claims have encouraged restaurants and stores to improve the safety featuresbut injuries still happen due to poor upkeep and negligence to ensure the public areas are …

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Fifth Circuit Deals Blow to Overtime Pay with MCA Exemption

This month the federal Fifth Circuit Court of Appeals, which hears appeals from Texas, delivered a surprising appellate decision on overtime pay for workers in long haul freight transport in Allen v. Coil Tubing Services, LLC. In this case, the appellate court held that workers could be identified by class in determining whether an exemption …

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