A Resource for Texas Employers
President Obama signed the 2010 National Defense Authorization Act setting the budget for the Department of Defense for fiscal year 2010. The NDAA amends the Family & Medical Leave Act and is effective immediately. In relevant part, the NDAA amends the FMLA to extend its military leave entitlements. The FMLA is amended, in relevant part, as follows:
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Recently I wrote about the risks posed by misclassifying employees as independent contractors. In an unpublished opinion, the U.S. Court of Appeals for the Fifth Circuit (the federal appellate court that hears appeals from Texas) reversed a summary judgment awarded in favor of a company that had classified two cable splicers who performed post-Katrina telecommunications…
The EEOC recently brought suit against the country’s largest home builder on behalf of a pregnant employee who was denied a period of unpaid leave in addition to the maximum permitted under the employer’s policies. What is unique about this suit is that the EEOC brought the suit under the Americans with Disabilities Act rather than the Pregnancy…
Texas courts strongly favor the resolution of disputes through arbitration. When parties to a dispute have signed an agreement to arbitrate covered disputes, Texas courts will rarely disregard that agreement. A recent per curiam opinion of the Supreme Court of Texas continues that trend by conditionally granting mandamus relief in a case alleging national origin discrimination…
The EEOC issued a new poster that incorporates provisions of the Genetic Information Nondiscrimination Act (GINA). The new poster also includes updates from the Department of Labor. A copy of the poster can be printed here. Covered entities are required to post GINA notices not later than November 21, 2009. Covered entities include, among others, employers with 15 …
The EEOC recently published proposed regulations designed to implement provisions of the ADA Amendments Act (ADAAA). The proposed regulations incorporate significant changes to the law and provide numerous illustrative examples. A full copy of the proposed regulations can be accessed here. The following sections summarize some of the significant points.
Presumptively Disabling Impairments
The proposed regulations…
Employers have long been challenged by a variety of wage and hour litigation such as misclassification cases and off-the-clock overtime cases. One of the latest trends in wage and hour litigation is attacking a company’s classification of its workers as independent contractors instead of employees. Because independent contractors are not entitled to certain aspects of benefits provided…
