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Recent Posts in Employment Law Category

  • Can an Employee Carry a Firearm at Work?

    In January 1, 2016, Texas residents with a handgun carry license are allowed to carry openly, as long as their firearm is in a holster and visible. This is an addition to the concealed carry law for those with a state license, which is available to most Texans. However, guns are prohibited from the following locations: Federal or government buildings and offices Businesses that rely on on-premise ...
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  • Top 5 Holiday Employment Issues

    The holidays are a time to spend with loved ones, to exchange gifts, and to be merry throughout the season. However, it is also associated with potential issues for both employees and employers , especially when the latter fails to respect the former’s beliefs and time off. While some employers have strong religious beliefs, others may not. Additionally, company holiday parties can lead to a host ...
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  • Where Do I File a Texas Employment Discrimination Claim?

    If you are the victim of workplace discrimination in Texas, you may be wondering which agencies can bring an employment discrimination lawsuit on your behalf. The two agencies are the Texas Workforce Commission (TWC) and the Equal Employment Opportunity Commission (EEOC). The TWC handles claims by state workers, employers, and job seekers and adheres to the Texas Commission on Human Rights Act ...
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  • 1.3 Million More Workers Now Qualify for Overtime Pay

    The U.S. Department of Labor increased the minimum salary threshold from $23,660 a year to $35,568, making approximately 1.3 million workers eligible for overtime pay. The increase will take effect on January 1, 2020. The following are the details of the final rule: Increase in the “standard salary level” from $455 to $684 per week (or $35,568 annually for a full-time employee) For highly ...
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  • When Can a Texas Employee Take Leave Under FMLA?

    What is the FMLA? The Family and Medical Leave Act (FMLA) was enacted by Congress in 1993. This law enables specific workers to have 12 workweeks of unpaid leave each year without fear of getting fired. Who Must Comply with FMLA? Local, state, and federal government and public agencies are required to comply with this law. In addition, private employers with at least 50 employees—within a 75-mile ...
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  • Does My Boss Have to Pay Out My Accrued PTO?

    Paid time off (PTO), also known as personal time off, gives employees an opportunity to take days off while still earning their pay. Although most employees save their PTO days for long vacations, there are many who accrued more PTO than they use, resulting in a surplus. If you have accrued a surplus amount of PTO and plan on leaving your job, you might be wondering if your employer must payout ...
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  • Can I Get Fired for Social Media Posts About My Job?

    Social media has become a significant influence in our daily lives. From sharing photos or videos from your vacation to checking into a restaurant and tagging your friends, platforms such as Facebook, Twitter, and Instagram enable users to post about their lives. When it comes to establishing more favorable workplace conditions, Texas employees have been relying on social media to garner support ...
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  • What is Workplace Retaliation?

    When employees experience discrimination and/or harassment, they have the right to report such activity either to their employer or to an outside body (i.e. the Equal Employment Opportunity Commission (EEOC). Additionally, they also have legal protections against employer retaliation. Retaliation happens when an employer punishes or otherwise takes a negative action against an employee for ...
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  • Can I Get Fired for Being a Medical Marijuana Patient?

    Since many states have legalized medical and recreational marijuana in recent years, many employees wonder if they are protected from getting fired for consuming cannabis. Although employers have every right to terminate an employee if he/she is under the influence of pot while performing job duties, what about off-duty use? Thirty-three states and Washington D.C. have legalized medical marijuana. ...
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  • Should Salaried Workers Receive Overtime Pay?

    When you work on a salary, it’s understood that your job expectations are to be completed within a certain amount of time, namely, a 40-hour work week. In some cases, employees may need to work overtime hours in order to fulfill their duties, but they should receive additional wages in order to compensate them for their time worked. Even salaried employees are entitled to overtime pay, unless they ...
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  • Potential Restaurant Tipping Pool Violations: Are You Paid Fairly?

    It’s all too easy for employers to take advantage of their employees, especially in a restaurant setting where wages often rely on fluctuating tips and tipping pool systems. Because of these types of wage structures, employees aren’t always aware that they aren’t receiving the compensation they’re owed. The Fair Labor Standards Act (FLSA) aims to protect restaurant workers from wage violations, ...
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  • What Are the Main Reasons for Wrongful Termination?

    Losing a job can be a serious blow, especially if the termination is unexpected or unwarranted. Employers are responsible for respecting the rights of their employees, especially as those rights apply to job termination. Under no circumstances should an individual lose their job because of who they are or what they believe. Beyond that, there are also several other reasons an employer should not ...
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  • 7 Employment Laws Every Employer Should Know About

    As an employer, you have a responsibility to keep your work environment running smooth. Between handling day-to-day productivity, resolving social disputes, and handling other pertinent issues, you certainly have your hands full. As you perform these daily tasks, it is absolutely essential, for yourself and your employees, that you make sure you do everything by the book. There are several sets of ...
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  • Are Your Tips Distributed Fairly?

    Working as a tipped employee has its perks, but dealing with a tip pool can be extremely challenging. Tip pools are not always handled in the most professional manner, either because employers aren’t aware of the proper protocol or they simply chose to ignore the rules in favor of their own system. When tips are gathered together and distributed unfairly, it can result in major issues, including ...
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  • Online Employee Training Lawsuits

    Our attorneys at Shellist Lazarz Slobin LLP help workers throughout the country recover the wages they are entitled to. We know that you work hard for the money you earn, and you deserve to be paid every penny by your employer. Numerous companies across the country that use the Cornerstone training system for online training may owe their employees additional wages. Call us today if you are an ...
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  • Connectivity Source Potentially Owes Employees Additional Wages in Overtime Pay

    Recently, the Sprint-authorized retailer Connectivity Source was suspected of not paying its employees fair overtime pay . Employees for the company who are eligible for commissions-based pay may be owed additional wages for weeks they worked overtime. The company currently has nearly 200 stores throughout the country, and employees from each location could be included in this developing case. ...
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  • When Should You Reject a Severance Package?

    You’re called into a conference room to discuss your impending layoff. As you listen to an HR official or legal counsel read off the terms of your termination, the question inevitably pops into your mind: Should I accept this severance offer, or pursue a lawsuit to recover damages instead? It can be difficult to know what to do after the shock of termination, especially if your employer has ...
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  • Signs of Disability Discrimination in the Workplace

    Under the U.S. Equal Employment Opportunity Commission (EOCC) and the Equality Act 2010, employers are legally prohibited from discriminating against employees or applicants based on their disabilities . In fact, federal law requires that reasonable accommodations be made available to them. Even so, it’s unfortunately common for disabled employees to face harassment and discrimination in the ...
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  • Papa John's Pizza Investigated for Allegedly Not Paying Employees for Training

    Papa John’s Pizza , one of the largest pizza delivery companies in the country, may have allegedly conducted Fair Labor Standards Act (FLSA) violations, according to both former and current employees. Allegations from the pizza-chain employees state they did not receive wages for mandatory online training sessions. The FLSA requires that employees be paid for any job-related training made ...
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  • Protection for Whistleblowers

    Whistleblowers often face a lot of backlash for their actions, especially from the company or organization they report. Even when a whistleblower is taking a stand and doing the right thing, the fact is that they’re stuck in the middle of a controversial issue. Some people see whistleblowers in a poor light, calling their actions disloyal, but the truth is that it takes courage to take action when ...
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  • Common Types of Discrimination in the Workplace

    Employers are required by law to protect employees from any form of discrimination they could face during work hours. Discrimination should never be overlooked, as it has a detrimental and toxic effect on both employees and the general workplace environment. It is your right as an employee to work in an environment free of discrimination . Workplace discrimination can affect: The hiring process ...
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  • Can I Sue My Former Employer for Defamation?

    Did Your Employer Make False Statements About You? You Might Have a Case. If a former employer makes false statements about you, you may be eligible to file a defamation lawsuit. Defamation is a personal injury, meaning that you may recover damages for your financial losses and your emotional distress. Furthermore, you may even be awarded punitive damages in order to punish the employer for its ...
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  • Attorney Slobin Featured on Talk Show to Discuss #MeToo Movement and Employment Laws

    Attorney Todd Slobin of Shellist Lazarz Slobin LLP, a leading Louisiana employment law firm, was recently given the unique opportunity to discuss the #MeToo movement and employment laws relevant to it on a popular Louisiana-based talk show. Dianne Andrews invited him to be a key guest on her show, Black and White, in a gripping episode that included real accounts of sexual assault and sexual ...
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  • FAQ: Noncompete Agreements

    Depending on your job and its particular responsibilities, your employer may require you to sign a noncompete agreement when you come on board or receive a promotion. This is especially likely if your line of work involves unique intellectual property and specific knowledge of classified business methods, in which case your employer may have you sign an agreement that is intended to keep you from ...
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  • When Does an Employer Need to Hire an Employment Attorney?

    Although you might handle employment matters on your own, some issues that arise can be tricky and might require legal expertise. Lawsuits brought by former employees can result in huge financial losses for your business. This is why it is important to know when you should seek legal advice for employment issues that can impact your business. In this blog, we explain situations where an employer ...
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