Dallas Employment Lawyer Blog

Empowering Employees: Navigating Workplace Rights in the New Year

December 14, 2023 | Ellen Johnston

Dallas Employment Trail Lawyer Ellie Johnston

As we welcome a new year, it’s an opportune time for employees to empower themselves by understanding their rights in the workplace. Knowledge is a powerful tool, and when employees are aware of their rights, they can contribute to a fair and healthy work environment. In this blog post, we’ll explore the importance of knowing your rights as an employee and how this knowledge can lead to greater empowerment and workplace satisfaction.

The Foundation of Workplace Rights

What doctors should keep in mind if their patient needs workplace accommodations

November 30, 2023 | Austin Campbell

Dallas Employment Trial Lawyer Austin Campbell

Summary: This article addresses a few common stumbling blocks we have seen when doctors fill out accommodation paperwork.

Because of the Americans with Disabilities Act (“ADA”), employees with disabilities have a right to receive reasonable accommodations for a disability from their employer that will allow them to continue to perform the “essential functions” of their job. Employers, in turn, are permitted to ask for reasonable documentation to show that an employee has a disability and needs an accommodation, if those things are not open and obvious.

Empowering Change: Tackling Gender Discrimination in the Workplace with Legal Support

November 16, 2023 | Ellen Johnston

Dallas Employment Trail Lawyer Ellie Johnston

In the pursuit of professional success and fulfillment, the workplace should be a fair and inclusive environment for everyone. However, the persistent issue of gender discrimination continues to cast a shadow over the career paths of many individuals. In this blog post, we will delve into the nuances of gender discrimination in the workplace, emphasizing the critical role that legal support plays in empowering victims to stand against injustice and fostering environments that champion equality.

The Silent Struggle: Gender Discrimination Unveiled

Critique of the Supreme Court’s Code of Conduct: The Issue of Enforcement

November 16, 2023 | Robert J. 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.

Title: ‘Tis the Season: Navigating Employment Law During the Holiday Season

November 10, 2023 | Deontae Wherry

Dallas Employment Trial Lawyer Deontae Wherry

The holiday season is a time of festivities and cheer in the workplace. However, it can also be a time of unique employment law challenges. It is important for employees to be aware of their rights during the holiday season. In this blog, we’ll explore some key aspects of employment law during the holiday season to help you understand your rights during this festive time.

Holiday Pay and Overtime

The Importance of Hiring an Employment Attorney During the EEOC Process

July 28, 2023 | 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

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 | 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.

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

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.

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

April 28, 2023 | 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).

Fortunately, OSHA also enforces various other more specific whistleblower laws. One important example is the Surface Transportation Assistance Act of 1982. Among other things, that law provided broader protections for a narrower set of people: workers who drive commercial vehicles (including contractors), mechanics on commercial vehicles or employees who otherwise directly affect the safety of those vehicles, and employees who handle freight.