
The McKinney Law Firm Blog
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Covers issues and developments in federal and Texas employment law, including wrongful termination, sexual harassment, discrimination, and retaliation news and cases. McKinney Law Firm is a firm that focuses on the most serious Employment Rights & Workplace Injury cases.
The McKinney Law Firm Blog
3w ago
The U.S. Supreme Court has handed down a decision in EMD Sales Inc. v. Carrera that could significantly impact workers seeking to challenge employer misclassification under the Fair Labor Standards Act (FLSA). In a unanimous opinion, the Court ruled that employers need only meet the “preponderance of the evidence” standard—showing it is more likely than not that an exemption applies—to classify employees as exempt from overtime and minimum wage protections.
This decision rejected the stricter “clear and convincing evidence” standard previously applied by the Fourth Circuit, a move that simplif ..read more
The McKinney Law Firm
3M ago
In a decision affecting millions of American workers, a federal court in Texas has struck down the Biden administration's attempt to expand overtime pay protection. The ruling, issued by U.S. District Judge Sean Jordan, effectively maintains the current salary threshold at which workers become eligible for overtime pay at $35,568 annually, rather than allowing it to increase to nearly $59,000 as the administration had planned.
Understanding Overtime Pay: The Basics
Before delving into the court's decision, it's important to understand how overtime pay works in America. The Fair Labor Standards ..read more
The McKinney Law Firm Blog
3M ago
As President Donald Trump reclaims the White House, employers and employees alike anticipate significant shifts in labor policies. Based on his previous term and campaign promises, these changes could impact areas such as workplace regulations, immigration, and diversity initiatives.
1. Regulatory Reforms and Agency Leadership
One of the hallmark changes expected involves regulatory slowdowns and a pivot in leadership at key labor agencies, such as the National Labor Relations Board (NLRB) and the Equal Employment Opportunity Commission (EEOC). Under Trump’s administration, agency chairs align ..read more
The McKinney Law Firm
5M ago
I continue to be surprised by the number of companies that refuse to accommodate workers who have disabilities or who are returning from medical leave. Requiring an employee to be “100% healed” with no medical restrictions is nearly always a violation of the the ADA.
EEOC Sues FedEx For Disability Discrimination
The Federal Express Corporation (FedEx), a global shipping and logistics company, violated federal law when it failed to provide reasonable accommodations for qualified, disabled ramp transport drivers with medical restrictions, and instead forced them to take unpaid leave or fired th ..read more
The McKinney Law Firm
5M ago
In a striking turn of events, the U.S. Equal Employment Opportunity Commission (EEOC) finds itself on the receiving end of a discrimination lawsuit. An employee with 24 years of service has filed a complaint against the agency, alleging violations of the very law it is tasked to enforce - Title VII of the Civil Rights Act of 1964.
The case, Kandan v. Burrows, EEOC, was filed in the Eastern District of Lousiana on August 26th. The Complaint alleges discrimination based on gender, race and national origin.
This case is particularly noteworthy given the EEOC's role as the federal agency responsib ..read more
The McKinney Law Firm
5M ago
One of the worst side effects of the Covid times has been companies attempting to continue to do with less paying work for workers even after the economy came back online.
From AP via ABC:
“Some 10,000 hotel workers represented by UNITE HERE union union walked off the job Sunday at 24 hotels in eight cities, including Honolulu, Boston, San Francisco, San Jose, San Diego and Seattle. They remained on strike Monday, and hotel workers in other cities could join in the coming days as contract talks stall over demands for higher wages and a reversal of service and staffing cuts ..read more
The McKinney Law Firm
5M ago
The Seventh Circuit Court of appeals rejected Walmart’s appeal, holding that the “jury heard sufficient evidence to find Walmart violated the Americans with Disabilities Act when it changed its scheduling policy and failed to accommodate an employee with Down syndrome who had difficulty adapting to her new hours, the 7th U.S. Circuit Court of Appeals held Aug. 27. (EEOC v. Wal-Mart Stores East, L.P.)” Read opinion here.
“The employee, a sales associate in Wisconsin for more than 15 years, worked an afternoon shift so she could catch a bus to and from work, according to court documents. After s ..read more
The McKinney Law Firm Blog
6M ago
In an important ruling, the U.S. Court of Appeals for the Eighth Circuit determined that Chipotle Mexican Grill Inc. cannot compel arbitration in a sexual assault claim brought by a former employee, Famuyide. This decision, based on the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) of 2021, represents a significant victory for employees seeking justice for workplace harassment ..read more
The McKinney Law Firm
7M ago
In a significant victory for workers' rights, Walmart has agreed to a $44 million settlement in a class-action lawsuit concerning uncompensated time for mandatory COVID-19 screenings. This case highlights crucial issues in wage and hour law, particularly in the context of pandemic-related workplace safety measures.
The Lawsuit and Its Implications
The lawsuit, filed in November 2020, alleged that Walmart violated California labor laws by failing to compensate employees for time spent on mandatory pre-shift COVID-19 screenings. These screenings, which included temperature checks and health que ..read more
The McKinney Law Firm
7M ago
Introduction
The Supreme Court's recent decision to overturn the Chevron deference doctrine marks a pivotal moment in administrative law, with far-reaching implications for various sectors, including employment law. This ruling shifts the power to interpret ambiguous laws from federal agencies to the judiciary, potentially impacting wage and hour regulations, OSHA standards, independent contractor classifications, and other areas relevant to employees and their relationship with their employers.
Understanding Chevron Deference
The Chevron deference doctrine originated from the 1984 case Chevr ..read more