The suit has been brought by the Equal Employment Opportunity Commission (EEOC) in federal court in Houston.
The case focuses on accusations Kimberly Kulig and Laura Baatz have made against Philip Wattel, the owner of two Berryhill Baja Grill restaurants, and span the period from 2006 to 2008.
]]> Kimberly Kulig and Laura Baatz were allegedly groped by Wattel, and he may have exposed himself to them. And although the women apparently complained to a store manager a corporate human resources official, the conduct continued, particularly as the Berryhill restaurants did not have a sexual harassment policy during that time.Later, as Kulig and Baatz complained about the harassment and filed charges with the EEOC, Wattel gave Kulig an unfavorable schedule and refused to rehire Baatz. Kulig also ended up quitting her job.
"Sexual harassment is a form of psychological abuse that undermines an employee's ability to work, affecting her productivity and morale," said R.J. Ruff, director of the EEOC's Houston District Office.
Not that you need a law to know that such sexual harassment is inappropriate, but under Title VII of the Civil Rights Act of 1964, these things are illegal.
Generally there are two different types of sexual harassment claims, although according to FindLaw, the manner in which a court will distinguish between the two for purposes of deciding whether harassment has occurred has become blurred in recent years.
The first is Quid Pro Quo. This is sexual harassment that occurs when a supervisor or one in an authority position requests sex, or a sexual relationship, in exchange for not firing or otherwise punishing the employee, or in exchange for favors, such as promotions or raises.
The second is a Hostile Work Environment. This is where sexual harassment occurs through the presence of demeaning or sexual photographs, jokes, comments or threats. The inappropriate behavior or conduct must be so pervasive as to, as the name implies, create an intimidating and offensive work environment.
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And Tony Caridi, its former marketing director, is crying foul, after he was fired by the Daughters of the Republic of the Texas (DRT) for allegedly misusing computers at work, reports My San Antonio.
Tony Caridi was hired in November 2009 to promote the Alamo. He helped draft the DRT’s $900,000 promotions contract with William Morris agency and also with the application for a federal trademark on the words “The Alamo.” In addition, he worked on promoting Phil Collins and other stars to celebrate The Alamo (TM), 175th anniversary.
]]> The reason for Tony Caridi's firing from The Alamo is murky. Apparently he inappropriately used the computers and violated the employee manual.However, Caridi's lawyer asserts that he was fired because he knew of discriminatory practices and inappropriate use of money by DRT staff. And he also added that Caridi was likely writing a book about The Alamo.
It is unclear if Caridi was planning on turning into a whistleblower, or if he is asserting that as a way of making a case against the DRT and the Alamo. However, assuming that he was attempting to blow the whistle in some way, then he would be protected by the law against retaliation.
Usuaslly, in a Texas court, to establish a prima facie retaliation claim, a plaintiff must show that (1) she participated in a Title VII protected activity, (2) she suffered an adverse employment action by her employer, and (3) there is a causal connection between the protected activity and the adverse action."
There is a lot more backstory to the Tony Caridi firing and possible retaliation claim that may come out of it. Not as much as history of The Alamo, but quite a lot, no doubt.
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In a study conducted by the Commonwealth Fund, it was found that between 2003 and 2010, total premiums for family coverage rose by 50 percent. Total health insurance premiums are those that are paid for by both employers and workers combined.
Workers found that they bear a great deal of the total health insurance premiums’ burden: their share increased by 63 percent over that period.
]]> This news that health insurance deductibles doubled, combined with the fact that employment based health insurance has been declining, as reported by FindLaw's Houston Employment Law Blog, doesn't bode well for employees that rely on employment-based health insurance.Given the costs associated with the total premiums, it will be important for workers to be well informed.
The Employee Retirement Income Security Act (ERISA) mandates that workers receive a summary plan description (SPD). The SPD is the primary document that gives information about the plan, what benefits are available under the plan, the rights of participant and beneficiaries under the plan, and how the plan works.
Among other information, the SPD of health plans must describe cost-sharing provisions, including premiums, deductibles, coinsurance and copayment amounts for which the participant or beneficiary will be responsible.
ERISA also requires that SPDs be updated periodically. Furthermore, ERISA requires disclosure of any material reduction in covered services or benefits to participants and beneficiaries generally within 60 days of the adoption of the change through either a revised SPD or a summary of material modification (SMM).
For more information please see below.
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At the time, the case was at the initial stages. It involved a paralegal named Sherri Davis, who alleged that she had not received overtime pay despite regularly working more than 40 hours per week.
Sherri Davis had not only been arguing on her behalf, however. She had also been trying to get a "class-action" status for the other paralegals at Mostyn.
]]> Now, it turns out that initial arguments went well for Sherri Davis in her case, and Judge Keith Ellison of the Southern District of Texas granted "certification" for a class of current and former salaried paralegals going back to 2008, reports the Southeast Texas Record.One consequences of a class-action certification in employment law means that the defendant may be hit with larger damages.
The central legal argument in this case will revolve around the Fair Labor Standards Act (FLSA).
The FLSA establishes minimum wage, overtime pay, record-keeping, and child labor standards affecting full-time and part-time workers in the private sector and in Federal, State, and local governments.
Covered nonexempt workers are entitled to a minimum wage of not less than $5.15 an hour, effective September 1, 1997. Overtime pay at a rate of not less than one and one-half times their regular rates of pay is required after 40 hours of work in a workweek.
The FLSA arena, though addressing a rather simple problem (overwork), is not all that easy. It is always best, if you think you have an FLSA claim, to find an attorney to represent you.
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The lawsuit, filed by Paul Tarascio, arises out of the allegations that Mr. Tarascio was fired because Jimmy Fallon prefered to work with a crew of females.
In other words, gender discrimination is being alleged. And the allegations in the complaint are a bit unusual. For example, allegedly Fallon’s director, David Diomedi said that “Jimmy just prefers to take direction from a woman.”
]]> Whatever the gossip scene at the Jimmy Fallon late-night show, and whatever the truth of the allegations, fact is that gender discrimination is a real thing in the United States.Gender discrimination is prohibited under the law. Title VII of the Civil Rights Act of 1964 provides strong protections against sex discrimination in employment. Specifically, Title VII makes it illegal for an employer:
“1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his [or her] compensation, terms, or privileges of employment, because of such individual’s … sex …; or
“2) to limit, segregate, or classify employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise affect [the individual’s] status as an employee, because of such individual’s … sex ….”
Title VII also prohibits sex discrimination in on-the-job and apprenticeship programs, retaliation against an employee for opposing a discriminatory employment practice, and sexually stereotyped advertisements for employment positions.
No doubt Paul Tarascio’s attorneys have informed him of these things.
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]]>The suit, filed in the Northern District of Texas, Dallas Division, alleges that Elmore was fired from his position when he had to take time off for back surgery.
The case of Edwin Lee Elmore Jr., with all due respect, while not a high-impact, high-profile one, is instructive to those workers who are confronted with denial of medical leave in Texas, because it allows them and the rest of us an opportunity to learn about the subject.
]]> Sometimes events in life force employees to miss work for periods that last longer than the amount of sick leave or vacation time that the employee has accrued. The Family and Medical Leave Act (FMLA) recognizes this, and allows eligible employees to take unpaid leave for up to 12 weeks in a 12-month period.The FMLA protects the employee's job during the leave period. At the end of the leave an employer must return the employee to their original job or its equivalent.
The leave must occur because of family and medical reasons listed in the law. Members of military families can also take FMLA leave for any "qualifying exigency" that comes up when a covered servicemember is on active duty in support of a contingency operation, or has received notification of such impending active duty.
In addition, eligible employees may also take up to 26 weeks of FMLA leave in a 12-month period to care for a covered member of the military who has a serious injury or illness.
Only certain employees qualify for FMLA leave. An eligible employee is a person who works for a covered employer; has worked for the employer for a minimum of 12 months before taking FMLA leave, and worked at least 1,250 hours during those 12 months; and has a job that takes place in a location where at least 50 employees work, or within 75 miles of such a location.
Once FMLA leave has ended, employers must restore the employee to their original position or an equivalent position with equivalent pay and benefits. Employers cannot base employment decisions on an employee's decision to take FMLA leave.
But as you no doubt can imagine, employers do sometimes let employees go because they asked for FMLA leave. In those cases, you are best off contacting a local employment law attorney to protect your rights under this law.
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The federal government and many states have laws protecting whistleblowers from retaliation for filing a claim or reporting a violation. In addition, most states recognize a common-law claim against an employer who takes action against an employee after he or she has reported a violation of law.
]]> A Texas whistleblower, Michael Riddle, who had alleged that he had been marginalized and terminated at Dyncorp International after he pointed out that the company had failed to perform a government contract properly, recently received some good news at the courts, notes FindLaw's Fifth Circuit Blog.The Fifth Circuit Court of Appeals reversed the lower District Court that had thrown his case out for having been filed too late.
Without getting into the nitty-gritty of the statute of limitations discussions related to the Texas Whistleblower Act (TWA) -- and how it is similar or different than the federal False Claims Act -- we can note that if you are a whistleblower in Texas, you have to pursue an administrative remedy before suing under the TWA, reports FindLaw. And, you have 90 days to do this. However, instances can arise, like in Michael Riddle's case, where the kind of wrongful discharge a whistleblower suffered might allow for a longer filing time-limit, like up to two years. This obviously makes a huge difference in a retaliation case.
In short, now you have gotten a good look into the kind of discussion that Texas employment lawyers representing whistleblowers end up having to engage in. The complexity of these arguments is one reason why a Texas whistleblower should get an attorney as soon as possible.
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It turns out that the employment based health insurance decline is now a reality, reports Employer Brief. The information comes from a study done by the Employment Benefit Research Institute (EBRI).
Between 1995 and 2007, the percentage of workers covered either in their own name or as a dependent was around 60 percent, with some occasional fluctuations. However, by April 2010, only 56 percent of the workers had employment based health insurance.
]]> The numbers about employment health plans should be considered reliable because they come from data pulled by the Census Bureau.The study did not set forth any reasons for why there are fewer instances of employees receving employment based health insurance. As most people know, an employer does not actually have to offer health insurance.
However, once an employer decides to offer health-related benefits, its plan must be run in accordance with certain standards designed to protect the interests of employees and other plan beneficiaries (such as family members) under a federal law known as the Employee Retirement Income Security Act (ERISA).
Under ERISA, employers are required to take certain steps in connection with employee health benefit plans, including notifying employees (called "plan participants") of plan eligibility standards, claim procedures, participant rights, and related changes to the plan; and managing and investing plan funds according to the best interests of plan participants.
If you are an employee with questions about your rights under an employment health plan, or if you believe that your employer may be violating regulations in connection with a health plan, you may want to contact an experienced employee rights or ERISA attorney to discuss the situation and your legal options.
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The aggrieved company, Patriot Security, believes that another company, S&S Investigations and Security, lured one of Patriot's employees, George Adams into revealing confidential information.
George Adams had signed an agreement with Patriot which said that he would keep all the company's information secret until at least five years after his resignation or termination. However, after he lost his job at Patriot Security last year, he allegedly shared the information with S&S.
]]> Adams' divulging information was not something that caught Patriot off guard. After he was terminated, they filed a lawsuit against him to ensure that he obeyed the original non-compete clause. And the court issued a temporary injunction against Adams. But it is aleged Adams actually ignored the order.Non-competition agreements are generally not looked favorably upon by the courts. So to pass a court's evaluation, such an agreement has to be carefully written.
In order to be considered valid, a non-competition agreement must be supported by consideration at the time it is signed; protect a legitimate business interest of the employer; and be reasonable in scope, geography, and time.
Non-competition agreements must generally be supported by valid consideration -- the employee must receive something of value in exchange for the promise to refrain from competition. If an employee signs a non-competition agreement prior to beginning employment, the employment itself will be sufficient consideration for the promise not to compete.
If you are a small business with clients and seeking to assure that your former employees do not take your clients after leaving, you should speak to an attorney and discuss non-competition agreements.
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The offending company, Piping Technology and Products Inc. of Houston was found deficient on 13 willful and 17 serious violations of worker safety regulations in Houston.
OSHA’s allegations focused on the fact that the workers of the company were in danger of amputations and other serious injuries. These included dangers from machinery.
]]> According to OSHA's Piping Technology announcement:The employees were permitted to cut metal I-beams and pipes without the proper machine guarding, which exposed them to possible severe injuries. Inspectors also found that during machine maintenance, workers were exposed to the unexpected release of stored energy because of improper safeguards.
Workers were also faced with exposed band saws and other dangerous machinery.
Piping Technology was founded in 1975 by Durga Agarwal, in a garage in Southeast Houston, and has grown to 600 employees, reports the Pravasi Herald.
The willful violations were the costliest for Piping Technology. A willful violation to OSHA is one committed with intentional knowing or voluntary disregard for the law's requirements, or with plain indifference to employee safety and health. Each such infraction is worth a $70,000 fine.
The fine is a lesson for Houston manufacturers that when in doubt, they should regularly consult with employment attorneys to make sure that they are not violating any regulations.
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5. Dr. Pepper Snapple Age Discrimination Verdict
Plano's Dr. Pepper Snapple Group was hit with a massive age discrimination verdict after six workers with more than twenty years of tenure alleged that they had been pushed out due to their ages. Dr. Pepper Snapple was ordered to pay $18.5 million.
]]> 4. Company That Didn’t Pay Workers For Booting Up ComputersThis story made a splash because many workers don’t think about the time they spend doing the little things, like booting up computers. But failure to get paid for doing the small tasks played a big part in the nearly million dollar settlement that a Carrollton company, Hilton Reservations and Customer Care, reached with the U.S. Department of Labor’s Wage and Hour Division.
3. Starbucks Settled With Dwarf Barista
Elsa Sallard, a barista from El Paso, who was dubbed the dwarf barista, settled out with Starbucks after they hired and then fired her. Starbucks also had to agree to provide disability training to its employees.
2. Abercrombie Hijab Discrimination
A Muslim woman from Oklahoma named Samantha Elauf won a lawsuit against Abercrombie & Fitch after learning to her detriment that the woman’s hijab did not meet the company’s “look policy.” The religious discrimination case in Oklahoma was significant because a Texas worker, Hani Khan, had also sued the retailer for the same reason.
1. Ashley Alford’s Sexual Harassment Verdict for $95 million
An Aaron’s employee, Ashley Alford, was granted a $95 million verdict by a jury of her peers. And that makes this the biggest Texas Employment Law story of 2011. The nitty-gritty of the case involved a supervisor holding an employee down and ejaculating on her. The jury punished the employer to the tune of $80 million in punitive damages alone.
A glance at the stories reveal that sexual harassment, age discrimination, disability discrimination, religious discrimination, and impropriety in wages and pay, are all getting litigated all the time in Texas. Clearly, the employment law bar in Texas is formidable and active. They will be busy in 2012.
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The commercial drivers' hours of services reduce by 12 hours the maximum a truck driver can work in a week. That means that instead of 82 hours maximum within a seven-day span, the new rule limits drivers to 70 hours.
Also, truck drivers can't drive after working eight hours unless they take a 30 minute break. They may take this break whenever they feel like it.
]]> As for how much do truck drivers drive in a day? Well, a truck driver can't go more than 11 hours in a day. That's the law.There are further truck driver requirements. For example, if a driver takes 34 consecutive hours off from driving, he or she can restart the clock on their work week.
Obviously, companies that violate the truck driver rules could be penalized by the relevant authorities. As for drivers that are being asked by their companies to violate these rules, they may have to take matters into their own hands legally speaking, turning into a whistleblower.
A "whistleblower" is an employee who reports a violation of the law by his or her employer. The violation may be against the reporting employee, as with sexual harassment claims, or may be a general violation such as unlawful pollution practices against environmental law (or violating truck driver rules).
The federal government and many states have laws protecting whistleblowers from retaliation for filing a claim or reporting a violation. In addition, most states recognize a common-law claim against an employer who takes action against an employee after he or she has reported a violation of law.
If you are an employee who has reported a violation of law by your employer, and believe that you have suffered retaliation because of that reporting, you should speak with an experienced employment law attorney to discuss your options and protect your legal rights as a whistleblower.
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The lawsuit, originally filed in 2009, alleged that six workers with more than twenty years of tenure, and over the age of 50, were forced out of their jobs. Their allegations were stark; namely, that they had been driven out and eliminated by being put in job positions where they might get injured or voluntarily quit.
As a result of the more strenuous jobs, the workers got all sorts of physical ailments, reports Employer Brief.
]]> Federal and state laws prevent an employer from discriminating against job applicants and employees on the basis of age. The best known example of these laws, the federal Age Discrimination in Employment Act (ADEA), prohibits employers from discriminating against employers and applicants who are 40 years of age and older based on their age.Claims of unlawful discrimination on the basis of age can be difficult to prove. To successfully prove an employee was discriminated against on the basis of age, the employee must show that some adverse action was taken on the basis of his or her age. It is not enough for an employee to show that he or she was replaced by a younger person, although this fact can serve to strengthen a claim under the ADEA. An employee may waive his or her rights under the ADEA at the request of an employer, in exchange for a severance package or other consideration.
The ADEA is a complicated area of employment law and it is best to consult with a Houston Employment Law attorney if you suspect you might have a claim.
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]]>Texas is one of the many states in the country that does not have an anti-weight-discrimination statute, as noted by FindLaw’s Houston Employment Law Blog.
]]> However, obese workers suing for discrimination may be able to take shelter by filing under disability discrimination.Disability discrimination violates the Americans With Disabilities Act (ADA). The ADA protects "qualified individuals with a disability" from discrimination in employment. An individual with a disability is qualified if he or she has "the requisite skill, experience, education and other job-related requirements" for the job.
To be protected under the ADA, a disability must be considered a substantial (as opposed to minor) impairment. This would include impairments that significantly limit speaking, seeing, hearing, walking, performing manual tasks, breathing or similarly major life activities.
Also, you must be qualified to adequately perform the essentials of the job, whether or not you require a reasonable accommodation, in order to be covered by the ADA. That means you must fulfill the requirements for the job (education, experience, skills, etc.) and you must be able to perform the essential functions of the position.
To learn more about obesity discrimination please check out the resources below or speak to a qualified Houston area employment attorney.
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Brenda Landreville, a labor and delivery nurse at the 180-bed hospital and chief negotiator for the nurses’ bargaining unit, said hospital policy allows nurses to be fired after six absences within a calendar year, and that they receive a verbal warning on the third absence.
“It encourages nurses to work when they’re sick,” Landreville said, “exposing fragile hospital patients and our co-workers to illness.”
Obviously, one of Cy-Fair’s administrators, Lisa White, denied any wrong-doing. The hospital’s position is that if you get someone to work in your place, then your absence doesn’t count.
]]> The area of sick-leave is not as flexible as some people think. Generally, employers are not required to give anyone sick leave. If employers give sick leave, it's usually out of the goodness of their own hearts, and the terms of the leave are up to the employers.Sick leave is different than FMLA leave. The federal Family and Medical Leave Act (FMLA) allows qualified employees to take up to 12 weeks of unpaid leave under certain circumstances. A qualified employee is an employee who has worked for the employer for at least a year and has worked at least 1,250 hours during the previous 12 months.
The area of sick leave relies a lot on employer-employee arrangements, so whether you are a small business or an employee trying to sort out issues of sick leave the best thing to do is speak to a qualified attorney.
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