Human Resources Compliance

As we have written here many times, summary judgment is an important tool for defendants in employment discrimination cases.   Studies have shown that in federal court, summary judgment is granted to defendants in employment discrimination cases more than in any other type of case.  These studies confirm the experience of most employment lawyers who try cases, whether they represent mostly plaintiffs or mostly defendants.

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On August 31, 2017, Judge Amos Mazzant in the Eastern District of Texas issued a final ruling invalidating the Obama Department of Labor’s increase in the minimum salary for exempt employees under the Fair Labor Standards Act.  This is the same judge that issued the preliminary injunction on November 22, 2016 that prevented the rule

While “joint employment” is not a new legal concept, federal agencies such as the Department of Labor and National Labor Relations Board have aggressively sought to expand its application in recent years.

A joint employment situation typically occurs when an employer uses an independent contractor or vendor for certain services, or relies upon a

Employee abuse of intermittent FMLA leave is a common employer complaint.   An example of intermittent leave is when an employee occasionally has to take off work because of an ongoing or chronic medical condition.    What happens if the employer suspects the employee uses FMLA covered leave to miss work for non-covered reasons, but does not

An employee commits an offense that would justify termination.  But, she asks for another chance because the misconduct was not intentional; it was caused by a diabetes induced severe drop in blood sugar that caused confusion and memory loss.    Must the employer be more lenient on an employee with a disability as a form of

Most employers know they are obligated under the ADA to accommodate mental as well as physical disabilities.  In theory that seems easy enough, but in practice mental health conditions are much more difficult to deal with than physical disabilities.   For example, a common problem is that the employer often lacks specific information about the nature

It’s an all too common situation: an employee’s medical condition results in permanent restrictions that prevent the employee from performing essential job functions that she used to be able to do.   It is not reasonable to modify the job so the employee can keep the position.   There is a vacancy in another department for which

On November 22, the U.S. District Court for the Eastern District of Texas issued a preliminary injunction prohibiting the Department of Labor from implementing and enforcing the new overtime rule as scheduled on December 1, 2016.

The new rule more than doubled the minimum salary an employee needed to qualify as exempt from overtime under

Iowa law has fairly strict limits on an employer’s right to conduct drug and alcohol testing.  One area in which testing is allowed, however, is when there is a workplace accident.  An employer may require an employee to undergo post-accident drug or alcohol testing if the employee is injured and requires medical treatment, or if