How Can I Protect Myself Against Retaliation At Work?
The McKinney Law Firm
by Christopher McKinney
1w ago
What is employment retaliation? Employment retaliation refers to any negative action taken against an employee as a result of that employee engaging in legally protected activities, such as filing a complaint or participating in an investigation. Retaliation can take many forms, including termination, demotion, disciplinary action, or other forms of discrimination. What laws protect employees against employment retaliation? In the United States, laws such as Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA ..read more
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FTC Proposes Rule to Ban Noncompete Agreements
The McKinney Law Firm
by Christopher McKinney
3w ago
Yesterday (Jan 5, 2023), the Federal Trade Commission proposed a rule that would prohibit employers and employees from entering into so-called “noncompete agreements”, stating that the agreements harm competition, suppress labor mobility and reduce wages even for those not bound by a noncompete agreement. In the proposed rule, the FTC said other forms of restrictive covenants, such as nondisclosure agreements and client or customer nonsolicitaton agreements, would not be included in the law’s definition of a noncompete agreement. If the rule goes into effect, employers would be required to re ..read more
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Supreme Court Will Decide Whether the Denial of Motion to Compel Arbitration Automatically Stays Case
The McKinney Law Firm
by Christopher McKinney
1M ago
The Supreme Court has granted cert and agreed to hear the case of Coinbase, Inc. v. Bielski. The case centers around the question of whether the appeal of a denial of a motion to compel arbitration should mandate that the district court stay the litigation pending the appeal, or whether the district court should have the discretion to decide on a case-by-case basis whether to put the proceedings on hold. At the heart of the case is the issue of arbitration, which is a form of alternative dispute resolution that is often used in lieu of litigation in order to resolve disputes between parties ..read more
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Circle K Pays $8 Million to Settle Sex / Pregnancy, Disability and Retaliation Claims
The McKinney Law Firm
by Christopher McKinney
2M ago
Circle K will pay $8 million as part of a nationwide settlement agreement to settle claims that the company denied reasonable accommodations to and retaliated against pregnant employees and those with disabilities, according to an announcement from the EEOC. Circle K was alleged to have subjected employees who requested accommodations to involuntary unpaid leave, required them to be 100% healed in order to return to work and terminated some of the workers. The investigation stemmed from charges filed between 2010 and 2015. The EEOC tracks Charges of Discrimination filed with the agency nation ..read more
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Wage Theft: Black's Barbecue Illegally Gave $230,000 in Employee Tips to Managers
The McKinney Law Firm
by Christopher McKinney
4M ago
Calling itself the “oldest BBQ joint in Texas,” Black’s Barbeque was ordered by the U.S. Department of Labor to return $230,353 to hundreds of employees after the agency completed a wage and our investigation into the Lockhart-based restaurant chain. According to the DOL, Black’s illegally gave employee tips to restaurant managers. “Food service industry employers must know that tips are the property of tipped employees who earn them, plain and simple,” said Wage and Hour Division District Director Nicole Sellers in Austin, Texas. “Workers and their families depend on their rightfully earned ..read more
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Former GDC Technics Workers at Port San Antonio Reach WARN Act Settlement Over Layoffs
The McKinney Law Firm
by Christopher McKinney
6M ago
The San Antonio Express News reports that former GDC Technics employees, including those who worked at Port San Antonio, have reached a settlement in a class-action lawsuit that alleged they were terminated last year without 60 days’ notice as required by federal law. GDC has agreed to pay approximately 230 former employees $1.4 million to settle the claims. After fees and expenses, ex-employees should receive approximately $3,900 per employee. The settlement is being overseen by the bankruptcy court in San Antonio, which will need to approve the plan. GDC filed for bankruptcy in 2021. The la ..read more
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EEOC: Employers May Not Force Employees to Attend Mandatory Prayer Meetings
The McKinney Law Firm
by Christopher McKinney
7M ago
The EEOC has recently filed suit stating that a North Carolina home service and repair company (Aurora Pro) violated Title VII of the Civil Rights Act of 1964 when it fired two employees for refusing to attend daily prayer meetings because of their religious beliefs. The lawsuit is styled EEOC v. Aurora Renovations and Developments, LLC d/b/a Aurora Pro Services, No. 22-490 (M.D.N.C. June 27, 2022). The EEOC sued Aurora Pro for creating a religiously hostile workplace, failing to accommodate employees’ religious beliefs and firing them because they refused to conform to its religious practice ..read more
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FMLA for Mental Health Treatment - Eight Frequently Asked Questions
The McKinney Law Firm
by Christopher McKinney
8M ago
Many people are uncertain as to whether the FMLA covers mental health conditions in addition to physical illness. The short answer is: yes. FMLA-eligible employees can use protected leave to address serious mental health conditions that require inpatient care or continuing treatment for themselves or their family. When can I use FMLA for psychological conditions or mental health issues? This FAQ explores a number of scenarios in which workers might seek to use FMLA leave, including in cases of severe anxiety, regular treatment for anorexia and use of the leave to care for or attend counseling ..read more
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Amazon Sued in Class Action for Alleged Violations of USERRA
The McKinney Law Firm
by Christopher McKinney
9M ago
A newly filed lawsuit alleges that Amazon discriminated against employees who served in the U.S. armed services or National Guard by assessing them unpaid time off when they took military leave and then firing them when their military leave caused a negative balance in their Unpaid Time Off (“UTO”) accounts. The plaintiff, Yasmine Mahone, was a member of the Alabama Army National Guard. She worked for Amazon briefly in 2020. During this time, she regularly worked three 12-hour shifts a week, from Thursday afternoons to Sunday mornings. She also took various military leaves to fulfill her obli ..read more
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OSHA Wants to Make Injury Data Public. Employers Want to Keep it Hidden.
The McKinney Law Firm
by Christopher McKinney
9M ago
The Occupational Safety and Health Administration (“OSHA”) has again proposed increased injury and illness reporting for employers as well as a change that would make that data public. Business is pushing back against the proposal. OSHA said the changes will allow it to better identify workplaces where workers are at risk of injury and give workers more power to address safety issues with employers by increasing transparency. Employers worry the information becoming public could lead to increased union activity and public relations issues for companies with high injury and illness rates. The ..read more
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