Dallas Employment Lawyer Blog

Empowering Employees: Unraveling Vicarious Liability and Indemnification for a Secure Workplace

August 10, 2023 | Haylie Davis

Dallas Employment Trial Lawyer Haylie Davis

In the intricate world of workplace dynamics, legal concepts like vicarious liability and indemnification play a significant role, often affecting employees in various ways. While these terms might sound complex, the attorneys at Rob Wiley P.C. here in Dallas are here to help break these concepts down. So, when you go and sign your next employment contract or agreement you are better aware of what you are agreeing to.

Vicarious Liability: Shared Responsibilities

The Importance of Hiring an Employment Attorney During the EEOC Process

July 28, 2023 | Deontae Wherry

Dallas Employment Lawyer Deontae Wherry

When facing workplace discrimination or harassment, one crucial step employees can take to protect their rights and increase the likelihood of a favorable outcome is hiring an experienced employment attorney. The Equal Employment Opportunity Commission (EEOC) is responsible for investigating claims of workplace discrimination, and having legal representation during this process can be highly advantageous. In this blog, we will explore the reasons why it is best to hire an employment attorney while the EEOC investigates your case.

Legal Expertise and Guidance

What “attorney fee shifting” means for you as a client

July 14, 2023 | Austin Campbell

Dallas Employment Trial Lawyer Austin Campbell

Summary: This article explains concepts related to fee shifting in the US and how those rules affect not just attorneys, but their clients too

Legal representation can be expensive. Because of that, rules about who pays an attorneys’ fees can matter a great deal. In the United States, unlike most other countries, the default rule is that each party in a dispute pays for their own attorney from beginning to end. In the United Kingdom, by contrast, the default rule is that whoever loses a lawsuit has to reimburse the other side for what they paid their attorney.

PWFA

June 2, 2023 | Robert J. Wiley

For a long time, there was a gray area under the Americans with Disabilities Act, the Pregnancy Discrimination Act, and relevant case law when it came to accommodating pregnancy in the workplace. Under the current laws, discriminating against employees for being pregnant is illegal, but the current law’s protections do not extend far enough. The Pregnant Workers Fairness Act (“PWFA”) bridges this gap and goes into effect on June 27, 2023. Let’s explore the key provisions of this act and its significance in promoting workplace equality and supporting pregnant workers.

The PWFA requires employers to provide reasonable accommodations to pregnant employees. Examples of these accommodations include adjustments to work schedules, access to water and bathroom breaks, modified tasks, assistance with heavy lifting, and temporary transfers to less strenuous positions. The PWFA mirrors the process under the Americans with Disabilities Act for receiving accommodations. In brief, engaging in the interactive process would mean approaching your employer or putting your employer on notice of your pregnancy. Then, engaging in the interactive process by asking for accommodations and working with your employer to find a reasonable accommodation.

The PWFA also mandates that employers provide written notice detailing their protections under the act. This includes information about the right to be free from pregnancy discrimination, the right to reasonable accommodations, and avenues for reporting violations. Additionally, employers are required to maintain records related to reasonable accommodations and make them available for inspection upon request. Both private and public employers are covered as long as an employer has fifteen employees including Congress, Federal agencies, employment agencies, and labor organizations.

Hair Discrimination Soon to Be Illegal in Texas

June 2, 2023 | Deontae Wherry

Dallas Employment Lawyer Deontae Wherry

I’ve always found it puzzling why other people take offense at someone else’s hair. When I was a child, I was captivated by the diverse hairstyles chosen by my relatives. Some rocked dreadlocks, afros, cornrows, and braids. At one point, I even tried growing out my own hair in the hopes of getting braids. I saw it as a way to express my pride in my black heritage. Unfortunately, my hair never reached the desired length.

As a result, I settled for low-cut fades, and that became my signature look. People grew accustomed to seeing me with a low-cut fade. However, there were times when I could not get a haircut and had to sport a small afro. Surprisingly, some individuals joked about my hair being unprofessional. I had never considered the possibility of my hair being deemed unprofessional because I consistently applied oil, combed or brushed it with care.

The Surface Transportation Assistance Act fills in gaps in protections for whistleblowers in the transportation industry.

April 28, 2023 | Austin Campbell

Dallas Employment Trial Lawyer Austin Campbell

Summary: This article explores some of the nuances of the Surface Transportation Assistance Act’s anti-retaliation provisions, and how they can help you as a transportation employee.

The federal Occupational Safety and Health (OSH) Act provides protections for employees who blow the whistle on safety problems on the job. However, those protections do not cover every safety concern or industry, and employees have an extremely short, 30-day window in which to file a retaliation claim with the Occupational Safety and Health Administration (OSHA).

Your Safety Matters: Navigating Unsafe Work Environments as an Employee

April 24, 2023 | Haylie Davis

Dallas Employment Trial Lawyer Haylie Davis

Given the numerous instances of train derailments involving toxic chemicals in 2023, it is imperative to reexamine the safety protocols at workplaces and ensure that employees understand they have the right to work in a secure environment.

As a worker in the United States, you are entitled to a safe and healthy work environment, and federal law safeguards your right to be employed in a workplace that is free from recognized health and safety dangers. Your employer bears the responsibility of ensuring that your workplace is secure and devoid of hazards that could pose a threat to your well-being.

What Happens on “Four Twenty-One”?

April 24, 2023 | Robert J. Wiley

April 20th or “Four Twenty” just passed and whether you chose to celebrate by engaging in marijuana use (within the confines of state and federal guidelines) or you used the day to engage in civic discourse regarding the legalization of marijuana, the true question is: what happens on Four Twenty-One. The reason why the day after “Four Twenty” is so important is because of the general understanding that employees have a higher potential to engage in marijuana use the day before. This brings up the question of drug-testing in the workplace. The legality of drug testing employees remains a controversial issue, with some arguing that it is an invasion of privacy, while others maintain that it is necessary to ensure a safe and productive workplace. Generally, drug testing is legal, but like always there are certain guidelines and caveats that employees should be aware of when an employer announces or requires a drug test.

A good offense is a must when it comes to drug testing, that’s why it is an important first step to read up on the employer’s drug testing policy whether in the employee handbook, an online posting, or any new hire paperwork. The second step is understanding that an employer’s drug policy is not limitless because drug testing must still be conducted in a non-discriminatory manner. This means that employers cannot single out certain employees for drug testing based on their race, sex, age, disability, or other protected characteristics. An example of this would be if an employer announced a random drug test, but the “random” people chosen were all part of the same racial group. Thus, while an employer can legally drug-test its employees, there are limits to how the tests are conducted.

Part of learning about your employer’s drug policies is learning about what type of drug test is being administered. Some common tests include urine tests, blood tests, hair tests, and saliva tests, but each type of test has different detection windows, and some may be more accurate than others. If there are questions or concerns about the type or accuracy of a drug test, it is always best practices to email any concerns to human resources to create a record as well as to get answers directly from the source.

Anti-Poaching Agreements May Leave Employers with Egg on their Face

March 31, 2023 | Robert J. Wiley

Dallas Employment Trial Lawyer Rob Wiley

A no-poaching agreement is an agreement between two or more companies not to hire or solicit each other’s employees. It could be a contract between two companies in the same industry. It could be a contract between a company and a vendor.

It’s easy to see why employers might be tempted to use non-poaching agreements, particularly in a tight labor market with low unemployment. But the reality is that non-poaching agreements suppress competition for labor and limit employee mobility. This will result in lower wages and benefits for workers. This is particularly abusive to the worker who loses out on a job because the new employer is bound by an agreement the worker never signed (and may not even know about).

Disability Leaves and the FMLA

March 31, 2023 | Deontae Wherry

Dallas Employment Lawyer Deontae Wherry

Short-term disability, long-term disability, and the Family Medical Leave Act (FMLA) are three types of legal protections for employees who need to take time off from work due to illness, injury, or the need to care for a family member. While these protections may seem similar, they each have unique features and eligibility requirements that employees should be aware of. In this article, we will explore the differences between short-term disability, long-term disability, and the FMLA.

Short-Term Disability