The Pregnancy Discrimination Act of 1978, which amended Title VII of the Civil Rights Act of 1964, prohibits employers with 15 or more employees from discriminating against women on the basis of pregnancy, childbirth, or related medical conditions. Although the PDA has been in effect since 1978, discrimination against pregnant…
Articles Posted in Retaliation Claims
“That doesn’t seem safe!” Employee Rights under OSHA
The Occupational Safety and Health Administration (OSHA) is part of the Department of Labor and administers the Occupational Safety and Health Act (OSH Act), as well as numerous other safety and whistleblower laws. OSHA also sets safety standards for various industries. Because of OSHA, many employers have a general duty…
Returning to Work after FMLA Leave: What Can I Do and Expect?
The Family and Medical Leave Act gives eligible employees the right to up to 12 weeks of protected, unpaid leave during any 12-month period. Probably the most important part of FMLA leave is the “protected” aspect—the right, when your leave ends, to be restored to your old job or an…
Paid Sick Leave: What could it mean for Dallas?
Earned Paid Sick Leave In 2019, the City of Dallas joined our other Texas cities when it passed the Earned Paid Sick Leave Ordinance. This ordinance requires employers to provide up to 64 hours of paid sick leave. While courts have restricted the enforcement of similar ordinances around the state,…
Water Cooler Talk: Can My Employer Tell Me Not to Discuss My Salary With Coworkers?
Can my employer tell me not to discuss my salary with coworkers? The answer to this question is no. Federal labor laws prohibit employers from restraining, interfering with, or coercing employees who collectively participate in activities related to the terms and conditions of their employment. Those Terms and conditions cover…
Illegal Retaliation: what it is, and what it is not
To some people, workplace retaliation just means their boss is taking revenge against them for something that they did—after all, that is often what people mean by “retaliation” in everyday life. Regardless of how moral that kind of retaliation is, not all workplace retaliation is the same in the eyes…
Can I Be Fired for Filing a Workers’ Compensation Claim?
Under Texas workers’ compensation law, employees who are unable to work because of injuries or illnesses they suffered during or in the scope of their employment are entitled to income benefits. Injuries are under the course or scope of employment when they occur while the employee was furthering or carrying…
Sabine Pilot Rule Protects Texas Employees Whose Employers Ask Them to Commit Illegal Acts
Texas is an “at-will” employment state. This classification allows employers to terminate an employee for almost any reason. Texas employers can modify or terminate any or all of the terms of an employment relationship with or without warning or cause. Although this arrangement seems inherently unfair — and in some…
What To Do When My Employer Misclassifies Me
Misclassification often occurs when a Texas employer classifies an employee as an independent contractor as opposed to an employee. In some instances, a business may do this inadvertently; however, it is important to keep in mind companies receive many benefits when they classify employees as independent contractors. Employers may misclassify…
How Texas Employees Can Benefit from the Department of Veterans Affairs Whistleblower Protection Program
A whistleblower is an employee who reports a workplace violation. Whistleblowers are responsible for making the workplace a safer and more equal environment. However, employees often do not report violations in the workplace because they fear that if they did, their livelihood might be jeopardized based on potential retribution from…