Employee rights

https://www.kielichlawfirm.com > Employment Law  > Employee rights (Page 4)

Halloween in the workplace? Keep yourself out of trouble. Dallas sexual harassment lawyer

It's that time of year where employers throw Halloween parties and accept employees wearing Halloween costumes in the workplace. Halloween is a fun way to play dress up and pretend; but it's also a really good way to create lasting problems in the workplace. Attorney Robin Shea writes about Halloween-related employment problems from the employer's perspective in her excellent Employment & Labor Insider blog. I thought it might be a good idea to write on the same subject from the employee's perspective. The obvious issue for Halloween is the costume selection of employees who choose to wear costumes and that will...

Continue reading

Can you be fired for playing fantasy football at work in Texas? Fort Worth employment lawyer explains

You may remember a few years ago there was a big kerfuffle about a Fidelity Investments employee in the North Texas who was fired for allegedly discussing fantasy football at work under an anti-gambling policy. Arguments were had whether fantasy football is gambling and whether it was fair that the employee was fired. It went nationwide and the employee received a lot of positive press in the sports media. Eventually he found employment elsewhere in the financial services industry. Employers continue to find themselves at odds with employees who play fantasy football at work and fantasy football seems to hold growing...

Continue reading

Employer won’t pay your last paycheck in Texas?

I get a LOT of calls and emails to my Fort Worth area law office from people who left their employer and the employer refuses to pay the former employee's final paycheck. It's inexcusable for employers to think that just because they no longer have to rely on the employee for continued work that they don't have to pay for work that was already performed but it seems to be a very popular attitude these days. Although Texas law provides authority for the government to pursue civil and criminal penalties against employers who try to stiff their employees, it is rare...

Continue reading

Can I file an FMLA lawsuit in Texas state courts?

Yes, under section 107 of the Family Medical Leave Act, a covered employee may file suit in a federal or state court with competent jurisdiction to hear the FMLA claims. That means an employee with FMLA claims can certainly file those FMLA claims in Texas state courts. Rules governing which Texas state courts have jurisdiction to hear FMLA claims lies, generally, within the Texas Government Code. FMLA claims filed in Texas courts will go to county or district courts based on limits on damages in each type of court. In addition to the damage limitations, a plaintiff filing FMLA claims must file in a...

Continue reading

Employee confidentiality agreements may violate the National Labor Relations Act in Texas

If you grew up in the 1980s or the first half of the 1990s you remember awesome Saturday morning cartoons. I'm pretty sure there's still Saturday morning cartoons; but when I was a kid during this time period there was wall-to-wall cartoons from 6am until 11am. A few years they even ran until noon. It was glorious. The cartoons were stacked with commercials for McDonald's, Nerf products and breakfast cereals. Among those commercials were the NBC, "The More You Know" campaign spots with the shooting star. (I am pretty sure these still air but it's not the same without the awesome cartoons.)...

Continue reading

Can my employer make me waive FMLA protection in Dallas and Fort Worth, Texas?

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 cannot require employees to give up legal protections. All that said, keep in mind that this prohibition on FMLA waivers is for future protections under the law. That means an employer cannot require you to waive protections for future leave or from future adverse action for...

Continue reading

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 job. Many employer-side employment lawyers thought this case would easily fall in favor of Walgreens. They were wrong. After the Equal Employment Opportunity Commission prevailed at summary judgment and won the right to take the case before a jury, Walgreens had a change of heart about...

Continue reading

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 to overtime pay applies rather than assessing the individual job responsibilities of the employee. While this may seem like a minor point, it actually has huge implications. You can read the opinion here but I will address the court's new rule and how it affects Texas...

Continue reading

5 FMLA Myths You Might Believe in Texas by Fort Worth employment attorney Adam Kielich

Employment lawyers like myself deal with my fair share of FMLA cases for clients. (Probably more than my fair share in Dallas and Fort Worth.) Among those FMLA claims I see employers violate FMLA often because the employer was ignorant of FMLA regulations or had serious misconceptions about FMLA. I also get plenty of calls from employees who believe their employer violated FMLA but the employee misunderstood his or her rights under FMLA. Today's post is a helping of debunking so people can better understand their FMLA rights. 1. My employer has to approve FMLA leave when I ask for it. Remember The...

Continue reading

Does an ADA accommodation have to be the one an employee wants? Fort Worth employment lawyer explains

The Americans with Disabilities Act and the Texas Labor Code require an employer to provide a reasonable accommodation to a qualified employee to assist the employee in performing the essential functions of the employee's job and/or access the workplace. These federal and state laws require employers to engage the employee in an interactive process to determine what needs the employee has that requires accommodation and what reasonable accommodations may satisfy the employee's needs. If the employee meets the requirements to receive a reasonable accommodation under these laws then the employer must provide an appropriate and reasonable accommodation for the employee's...

Continue reading
error: Content is protected !!