New Employment Laws

New Employment Laws Lawyers

Since President Obama was elected, a number of laws have been enacted and legislative initiatives undertaken that affect the workplace. In most cases, the rights and protections of employees has been expanded while new requirements have been created for employers. At Shellist|Lazarz|Slobin, our employment law attorneys work closely with employers and employees in advising them of their rights and prerogatives under new employment laws.

If you own a company and have questions about compliance issues or are an employee and would like more information about your rights, contact the law office of Shellist|Lazarz|SLobin, today to schedule an appointment and learn how we can help you.

Lilly Ledbetter Fair Pay Act

The Lilly Ledbetter Fair Pay Act was signed into law by President Obama in January of 2009. Under the Lilly Ledbetter Act, the statute of limitations on cases involving workplace discrimination was extended to May 28th of 2007. This includes discrimination cases falling under the Age Discrimination Employment Act (ADEA), the Rehabilitation Act, and Title VII of the 1964 Civil Rights Act. Now, employees who were victims of discrimination have more time to prepare and present their cases.

The American Recovery and Reinvestment Act (ARRA)

The American Recovery and Reinvestment Act of 2009 introduced changes to COBRA and whistleblower protections. Under the ARRA, employers must now pay 65% of COBRA premiums for employees who have been let go from their jobs. Employers can recover some or all of these costs through withholding and FICA tax credits. How companies choose to handle COBRA benefits, especially in the case of domestic partners, will affect how much they pay and how much they can recover.

In regard to whistleblowers, the ARRA extends whistleblower protections to employees who notify a supervisor or company representative regarding illegal activity, fraud, safety violations, or public health issues. Additionally, the ARRA reduces the burden of proof for whistleblowers to demonstrate retaliation on the part of their employer. Now, a whistleblower need only prove that his or her harassment or unequal treatment was a function of their status as a whistleblower.

Employee Free Choice Act

While the Employee Free Choice Act (EFCA) (H.R. 1409, S. 560) is still being considered by Congress, if passed it would affect how workers unionize. Essentially, the EFCA affects how union cards are used and blocks employers from using a secret ballot election. The EFCA would also require binding arbitration in cases where employers and unions have reached an impasse in contact negotiations. The EFCA also directly affects the National Labor Relations Board (NLRB) and imposes serious penalties on employers who interfere with the rights and prerogatives of the NLRB.

Contact Houston, Texas Employment Law Attorneys at SLS

Employment laws change and evolve. In order to ensure your company is in compliance with new requirements, contact our employment law attorneys today to schedule an appointment and learn how we can help you "stay ahead of the curve."

Successes

$730K settlement awarded in gender discrimination case
A federal court jury Friday returned a $730,000 gender discrimination judgment in favor of Surina Dixon - who was hired as women's basketball coach at Texas Southern University in March 2008 but left in a contract dispute without coaching a game.
$3.2M settlement awarded in sexual harassment case
A former Brazoria County judge has been ordered to pay more than $3 million to three women who say he sexually harassed them while he was on the bench.
$875,000 Settlement in Whistleblower suit against the City of Houston
The city council agreed to pay $875,000 to a veterinarian who successfully sued the City of Houston; after he was unfairly fired from his job at the city's animal pound for complaining of animal abuse at the kennel. The jury found him retaliated against by his superiors who fired him with prejudice.
Wage & Hour Settlement in the amount of $574,000
Our firm represented 70 current and former servers of a restaurant chain that required its servers to share a portion of their tips with the managers and owners of the restaurant.
$375,000 Jury Verdict in a Gender Discrimination suit against the Houston Police Department
The jury found a female HPD cadet was discriminated against because of her gender when she was fired from the cadet class. HPD said she violated the Cadet Code of Conduct by carrying a gun in her personal car; however there were previous cases where male cadets were only reprimanded and not terminated.
Sexual Harassment Settlement in excess of $300,000
Our firm represented several employees who were sexually harassed by a male supervisor. After obtaining a letter of determination from the Equal Employment Opportunity Commission, our firm was able to negotiate a settlement in excess of $300,000.
Verdict in excess of $300,000 in National Origin Discrimination Case
Our firm represented a former dental professor at the University of Texas Health & Science Center who was discriminated against based on his national origin. At trial, we provided evidence of racial slurs, retaliation, and disparate wages in comparison to white professors. After two days of deliberation, the jury returned a verdict in favor of the professor and awarded mental anguish damages in excess of $150,000.
$250,000 Jury Verdict in a Racial Discrimination suit against Montgomery County Sheriff's Department
The jury found the Lieutenant was demoted from a Detective to Recruiting because he is black. He was terminated six months after complaining to authorities. The jury agreed the termination was a form of retaliation and awarded him lost wages past and future.
$229,268 Jury Verdict in a Reverse Discrimination suit against the Houston Metropolitan Transit Authority ("Metro")
A white male employee sued the Houston Metropolitan Transit Authority ("Metro") alleging race discrimination in violation of Chapter 21 of the Texas Labor Code. The employee was denied a promotion to the position of Superintendent despite being the most qualified person for the position. The jury found that the interview panel was tainted by a person on the panel, the second term president of the local chapter of the Conference of Minority Transportation Officials ("COMTO"), and an organization which promotes the creation of opportunities for minorities.
Same-Sex Sexual Harassment Settlement in excess of $150,000
Our firm represented a male employee who was sexually harassed by another male employee at a construction company. We were able to open dialogue with the construction company and bring about a quick resolution for our client.
Wage & Hour Settlement in excess of $149,000
Our firm represented 16 current and former waitresses at two popular bars that required their waitresses to work off-the-clock and to share a portion of their tips with members of management. The bar also failed to pay its waitresses overtime for hours they worked in excess of 40 in a work week. Our firm was able to demonstrate that the bar's actions were in violation of the Fair Labor Standards Act, which resulted in settlement.
Arbitration award in excess of $120,000 in a Breach of Employment Contract suit.
An employee of a Houston based company was terminated in breach of his employment contract. The company alleged that the employee had performance issues which allowed the company to terminate the employee under its "for cause" provision. Our firm was able to show that the alleged performance issues were false and that the company breached the employment agreement by terminating the employee prior to the expiration of the term of the agreement.
$115,000 Jury Verdict in a Racial Discrimination suit against the INS
The jury found the INS discriminated against a black inspector. The inspector filed a complaint with authorities in the department for being passed over for promotion. The jury determined that passengers were solicited and asked to prepare written complaints against the employee to be used against him as a basis for termination. . The jury found the INS acted with prejudice toward the inspector.
$106,000 Jury Verdict in Wrongful Termination suit against the City of Houston
The jury found the city acted with malice in firing a dog-catcher for reporting instances of animal cruelty and racial discrimination of Hispanic workers to a supervisor. Jurors concluded the city violated the state whistle-blower law, which prevents government agencies from retaliating against employees simply for reporting problems.
Wage & Hour Settlement in the amount of $100,000
We filed suit on behalf of six servers of a fine dining establishment under the Fair Labor Standards Act, arguing that the restaurant's requirement that its servers share a percentage of their tips with the restaurant's manager was in violation of federal law. The parties were able to reach resolution of the matter at mediation.
Wage & Hour Settlement in the amount of $100,000
The firm filed a collective action under the Fair Labor Standards Act on behalf of five current and former servers of a fine dining establishment, arguing that the restaurant violated federal law by failing to pay its servers overtime, requiring them to work off-the-clock, and requiring that its servers share a portion of their tips with the restaurant's manager on duty. After notice of the lawsuit was mailed to other current and former servers, an additional seven servers joined the lawsuit. The parties settled the case at mediation.
Wage & Hour Settlement in the amount of $95,000
An employee of a communications company was terminated when he complained to management that he was not receiving overtime pay for hours he worked in excess of 40 in a work week. The company alleged that the employee was not entitled to overtime because he was exempt under the computer professional exemption to the Fair Labor Standards Act, and that the employee was terminated because he refused to sign a non-competition agreement. Our firm was able to demonstrate that the employee did not meet the duties of an exempt computer professional, which resulted in settlement of the matter.

Shellist | Lazarz | Slobin is not affiliated with the Equal Employment Opportunity Commission. Please click on the link to contact the EEOC.

The law firm of Shellist | Lazarz | Slobin in Houston, Texas specializes in employment law. We have a nation-wide practice that represents employers and employees across the United States and throughout Texas including Dallas, Fort Worth, San Antonio, Austin, Galveston, Pasadena, Bellaire, Arcola, Baytown, Port Arthur, College Station, Brownsville, Beaumont, Orange, Vidor and McAllen.

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