Dallas Employment Lawyer Blog

PWFA

June 2, 2023 | Paige Melendez

Dallas Employment Lawyer Paige Melendez

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.

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 | Paige Melendez

Dallas Employment Lawyer Paige Melendez

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.

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

Pandemic Fallout: Why Women Bear the Brunt of Employment Loss

March 31, 2023 | Haylie Davis

Dallas Employment Trial Lawyer Haylie Davis

The COVID-19 pandemic has affected people all over the world, but its impact has not been evenly distributed. Women have been hit harder than men by the pandemic, especially when it comes to employment. This is because women are more likely to work in vulnerable sectors like retailing and personal care.

The Impact of COVID-19 on Women’s Employment

When the Ship Sinks

March 2, 2023 | Paige Melendez

When a company files for bankruptcy, the media plasters photos of their “going out of business” signs and empty storefronts to announce that the company could be no more. What is not shown is the complex, often long process of actually filing for bankruptcy. Filing for bankruptcy also comes in different flavors and different factors may help employees’ situations. To give a general idea of how bankruptcy affects employees, below we’ll look at the types of bankruptcy as well as examine the additional factors that may change the outcomes for employees. All in all, the announcement of bankruptcy can be terrifying for any employee that is currently employed by that company, but by learning more about the process it can help employees make more informed decisions.

Beginning with types of bankruptcy, if a company files under Chapter 11, it means that the company may attempt to reorganize and continue operating under court supervision. In this case, the company may have to make difficult decisions such as reducing its workforce, closing unprofitable departments, or renegotiating contracts with suppliers and creditors. The company may also be able to negotiate with labor unions to reduce salaries or benefits temporarily. However, in some cases, employees may be able to keep their jobs or be rehired once the company emerges from bankruptcy.

Another potential filing is under Chapter 7 or where a company is liquidated. Liquidation means that a business’ assets will be sold to pay off its creditors. In this case, employees will likely lose their jobs, and the bankruptcy trustee will use the proceeds from the asset sales to pay any outstanding wages and benefits owed to them. This situation is not ideal, but there’s still another option.

Paternity Leave in the United States: Current Trends and Challenges

February 27, 2023 | Haylie Davis

Dallas Employment Trial Lawyer Haylie Davis

Paternity leave is a type of family leave that allows fathers to take time off from work to care for a newborn or newly adopted child. While maternity leave has been a common practice for decades, paternity leave is a relatively new concept that has gained attention in recent years. In the United States, paternity leave policies and practices vary widely depending on the employer, industry, and location. While some companies offer paid paternity leave as a benefit, others do not. This article will discuss the current trends and challenges related to paternity leave in the United States.

Current Trends