May 2013 Archives

Court denies United Airlines' disability discrimination petition

Houston residents may know that the Americans with Disabilities Act requires their employers to offer reasonable accommodations to workers with disabilities. In some cases, this means that an employer needs to transfer a newly disabled employee into a vacant position for which he or she is qualified. Some employers, including United Airlines, have required workers with disabilities to compete for vacant positions, but a court ruling has found that the ADA requires job reassignment, not competition.

Woman says Houston car dealership tried to force her to retire

One type of employment discrimination that tends to make fewer headlines but is happening all too often is age discrimination. This type of discrimination is explicitly illegal under federal law. The Age Discrimination in Employment Act prohibits the discrimination of anyone age 40 or older. Those who are discriminated against due to their age may be wise to seek legal recourse.

Wet Seal settles class action race discrimination lawsuit

Almost one year ago in this Houston Employment Law Blog, we discussed an interesting race discrimination lawsuit that had been filed against the national young women's clothing retailer Wet Seal. The retailer was facing a class action lawsuit that accused it of firing black employees and replacing them with blond-haired-blue-eyed young women. After the U.S. Equal Employment Opportunity Commission launched a three-year investigation into this company as a result, the employer has now agreed to settle the lawsuit for $7.5 million.

Do Texas residents prefer paid time off or overtime?

Here in Houston and throughout the country, non-exempt workers must be paid time-and-a-half their regular rate of pay for any hours worked in excess of 40 in one week. This is governed by the Fair Labor Standards Act, which has been a very important employment law in this country since it was enacted in 1938. A bill that the U.S. House of Representatives passed on Wednesday aims to change that.

Federal Judge Finds "Sleep Time" Hours Are Hours Worked

Warren & Siurek, L.L.P. recently won a summary judgment in a federal district court in Galveston, Texas in favor of a residential group home employee. See Boman v. All The Little Things Count, LLC, No. 3:12-CV-00077, April 24, 2013. The Court found that all of the employee's overnight hours spent in the residential group home must be compensated as hours worked.

Judge Orders Payment Of Back Wages For "Sleep Time" To Employees Of Residential Group Homes

Warren & Siurek, L.L.P. successfully obtained a judgment from a federal district court in Houston, Texas ordering an employer to pay $155,123.13 in back wages and attorneys' fees to two (2) employees as compensation 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., 2012 U.S. Dist. LEXIS 117969, August 21, 2012.

Texas company ordered to pay $240 million for discrimination

A Texas company made national news this week as a very shameful disability discrimination case came to a close. The U.S. Equal Employment Opportunity Commision sued Henry's Turkey Service years ago for violating the Americans with Disabilities Act in its treatment of intellectually disabled workers at one of its labor camps, and now a jury has awarded the victims in this case $240 million. This has been called a landmark case as it is the biggest jury verdict ever obtained by the EEOC, and potentially the largest jury verdict to come out of any Americans with Disabilities Act claim.

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