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February 2014 Archives

Tenured Texas teachers fight back with age discrimination claim

One of the common goals for most teachers is to obtain tenure status. This can enable the educator to maintain his or her status long term. Texas teachers in this position can be older, but that does not mean that they are a less valuable asset to their institution. There can be cases, however, when the years of servitude can result in a person losing his or her job due to age discrimination.

Employees working in hazardous conditions claim discrimination

Employees expect that the environment they will be working in is safe and that they are protected from anything harmful that they may come in contact with. Most are educated regarding harmful chemicals and the dangers of machinery that they may be required to use. What Texas employees do not expect, however, is that their environment is the hazard. Some workers may feel that they are being singled out to work in a toxic environment, believing that it is discrimination against them.

Texas worker's physical leads to disability discrimination claim

Employee's that suffer from less severe medical conditions can still find a home in the workplace. Some conditions are easily treatable so that the person can perform the job the same as a someone who is not disabled. If the disability does not impede a Texas worker's ability to perform the job, the condition should not be an issue. However, there are still cases in which an employer may use disability discrimination as a means to discharge an employee.

Missing overtime pay is cause of lawsuit with multiple employers

Working extra hours can be a strain on an employee because it can mean extra stress as well as increased time away from home and family. An incentive that eases the burden for Texas employees is the knowledge that the overtime pay is going to be higher than the regular wage. The extra money is a great motivator for employees to work in excess of their regularly scheduled shifts. It is the responsibility of the company to honor the correct wages and to make sure that the employees are paid appropriately.

FIFTH CIRCUIT COURT OF APPEALS AFFIRMS PAYMENT OF BACK WAGES FOR "SLEEP TIME" TO EMPLOYEES OF RESIDENTIAL GROUP HOMES

On February 3, 2014, the Fifth Circuit Court of Appeals upheld a summary judgment and damages award obtained by Warren & Siurek, L.L.P. As a result, an employer must now pay $155,123.13 in back wages and attorneys fees to two (2) employees for their unpaid "sleep time" hours worked during their employment in a residential group home. See Chapman v. A.S.U.I. Healthcare of Texas, Inc., 2014 U.S. App. LEXIS 2054, February 4, 2014.

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