Articles Posted in Workers’ Rights

Rob Wiley

Dallas Employment Trial Lawyer Rob Wiley

The Supreme Court plays a crucial role for Texas employment lawyers representing employees due to its power to interpret and set precedents in federal employment law. Decisions made by the Court on issues like workplace discrimination, wage and hour laws, and employees’ rights under federal statutes directly impact the legal framework within which Texas employment lawyers operate. These rulings can either expand or limit the rights and protections available to employees in Texas. It is vital that the Supreme Court maintain the highest ethics of any court.  

Sadly, I am unimpressed with the new Code of Conduct issued by the Supreme Court.  While this initiative is commendable for attempting to consolidate ethical standards, it crucially falls short in one major area: enforcement.

Deontae Wherry

Dallas Employment Trial 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

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.

As I matured, I embraced my culture even more. Witnessing successful black individuals unabashedly embrace their heritage inspired me to be my authentic self. Sadly, some individuals, especially black women, feel constrained and unable to fully express themselves due to concerns about judgment based on their appearance, hairstyle, or even their employability.

Rob 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).

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

 Short term disability (STD) is a type of insurance that provides income replacement to employees who are unable to work due to a non-work-related injury or illness. The duration of STD benefits varies by policy, but typically lasts between three and six months. STD benefits are designed to provide employees with a portion of their regular income while they recover from an injury or illness, allowing them to pay their bills and meet their financial obligations.

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.

Happy New Year! During this time of the year, many people set new goals for themselves hoping to improve the status quo. I am a firm believer that your environment affects your goals. For instance, a toxic supervisor or a hostile work environment can affect your professional goals. If you find yourself in a hostile work environment, you do not have to suffer in silence. This year, make it your priority to speak up, if you feel you are being subjected to discrimination and/or retaliation.

What does discrimination look like?

Workplace discrimination can appear in many forms. Sometimes, it is open and obvious; other times, it is subtle. But not all discrimination is illegal. Discrimination is only illegal when your employer discriminates against you because of a protected characteristic such as you race, national origin, disability, age, religion, or sex. Discrimination also includes harassment because of a protected activity. If you believe your boss is discriminating against because you like red socks, then that is not unlawful discrimination.

Summary: This article gives a brief overview of the NRLB’s new Thryv, Inc., decision, and its implications for the landscape of labor and employment law.

The National Labor Relations Act is an often-overlooked part of employment law.  The National Labor Relations Board (the agency in charge of administering the NLRA) does far more than govern company-union relations (i.e., labor law).  It also protects employees, regardless of union membership, against retaliation for engaging in protected concerted activity regarding the terms and conditions of their employment.  This means, for instance, that two or more employees who talk to each other or management about some important workplace issue like wages, safety, or company policies may have legal protection if the company seeks to punish them for “rocking the boat.” 

Retaliation like that is a type of “unfair labor practice,” and the NLRB is empowered to make workers “whole” in such situations.  That is, to put them in the position they would have been in but for the retaliation, restoring the “status quo.”  In the past, for employees that was often limited to backpay (that is, lost wages if they are fired or demoted) and/or job reinstatement.  While those are certainly major parts of making someone whole, they may not account for every way in which retaliation can harm someone.  For instance, if you were fired in retaliation for concerted activity and had to relocate across the country for a new job, those moving expenses might not have been covered even if you proved retaliation happened. 

Whether you are last minute shopping or merely intend to do some shopping during the busiest shopping time of the season, we all know that stores become packed. This includes lines of people longer than normal, harried store associates racing to re-stock shelves and answer questions, and customers becoming less patient. It’s the last symptom that brings forward my trite recommendation for this holiday season: Be Kind. This mantra is used year-round for various purposes – believe me, I too roll my eyes – but in the context of an at-will employee diligently working during the winter, it makes sense to be reminded and here’s why. In my last blog I looked at how holiday hours are only beneficial if you can and do work overtime hours. This blog is about how workers are treated during those busy holiday hours by customers and store management. 

If you have ever had to work in any kind of customer service position or retail job, then you are aware that the holiday season brings a type of dread with it. Most customer service based positions and almost all retail positions are hourly employment jobs and deemed to be at-will. At-will employment in Texas means that there is no job protection for these workers, and they can be fired for any reason or no reason at all.  For example, take Rhonda – a cashier – putting in her very best efforts, battling the long lines of patrons and getting them through the checkout line as quickly as she possibly can. Drake, her manager, who is upset at how many customers are complaining during the holiday season, may not care about Rhonda’s best efforts. All he hears and cares about are the customers complaints over the predictably long lines. After being on her feet all day, and even working overtime hours with the store staying open late, Rhonda could be fired. Rhonda would have no recourse if her unreasonable manager terminated her employment for a legitimate non-discriminatory reason like customer complaints about long lines in front of her cash register. 

Aside from her manager’s obtuse lack of understanding about the holiday shopping season, Rhonda may feel some modicum of relief at being relieved of her job duties. It may be shocking to think that someone losing their job during the middle of the holiday season would have any benefits, but the silver lining for Rhonda may be the fact that she no longer has to put on a happy face as customers continually berate her. 

In October, the Biden Administration issued a highly anticipated proposal on how it will approach independent contractor status under federal wage law. The proposal, released by the US Labor Department, clarifies when workers should be classified as independent contractors or be classified as employees who are afforded many more rights, such as full minimum wage, overtime, and other protections provided under the Fair Labor Standards Act.

This is a potential game changer for millions of gig workers, who are often classified as independent contractors. This includes the quintessential Uber drivers and food delivery app drivers, but construction and agriculture have some of the largest representation of independent contractors in the country.

When this was announced, gig companies such as Uber Technologies Inc. and Lyft Inc. worried about what this will do for their company, as stock prices took a tumble after the announcement. These businesses say their operating costs would skyrocket if they were broadly required to reclassify their independent contractors as employees, due to the tax liabilities and minimum wage, labor, safety, and other legal requirements that apply to employees.

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