Dallas employment attorney Adam Kielich at The Kielich Law Firm in Bedford, Texas stopped by to discuss some labor and employment law issues. We asked him to discuss some important but unknown or misunderstood legal issues that he deals with as an employment lawyer in Dallas. He gave us a list of eight employment and labor laws that the average employee in Dallas or Fort Worth might not know about or might misunderstand. Not all of these issues will apply to every Fort Worth or Dallas worker but you never know when this advice from a Dallas employment attorney might apply.
FMLA applies to intermittent leave
Most people are familiar with FMLA leave in a continuous period but it also allows intermittent leave. You might take FMLA in one continuous period but if you have an injury that flares up at random times or a medical condition that requires periodic care or treatment then you may need intermittent leave. Intermittent FMLA leave allows you to take FMLA leave in smaller periods as the serious medical condition requires it. Dallas employment attorney Adam Kielich says talk to your doctor about what leave is needed and best for your medical needs.
Texas laws on breaks and lunches
There's a lot of misinformation about this subject, Fort Worth labor lawyer Adam Kielich explains. People think what is true--or what they think is true--in other states applies in Texas. Texas law does not require employers to provide standard meal breaks or lunches. None. Federal law also does not require standard meal breaks or lunches. Some occupations are required to receive periodic rest periods. Most employees have to receive reasonable restroom access. Break periods may be necessary for religious or disability accommodations. Otherwise, your break or lunch periods are at the mercy of your employer or your employment contract.
Filing a charge with the EEOC
The Equal Employment Opportunity Commission is a government agency that oversees many forms of employment discrimination. For most employment discrimination claims, including wrongful termination and harassment, you are required by law to file a charge with the EEOC before you can file a lawsuit against an employer. Failing to file a charge within the required time period will bar most employment discrimination claims, no matter how good your Dallas employment attorney.
Reasonable accommodations are available for disabilities
Under the ADA and Texas Labor Code, covered employers must provide reasonable accommodations to a qualified individual with a disability to perform the essential functions of the job or to have meaningful access to the workplace. The range for what constitutes a reasonable accommodation is broad. Employers must provide a reasonable accommodation unless it would be an undue hardship. An undue hardship is a high burden under these laws. An important thing to remember is that an employer is not required to provide a desired accommodation, just a reasonable accommodation. Adam Kielich, Dallas employment attorney, points out that you should request a reasonable accommodation before the disability creates a shortfall performing the essental functions of the job. An employer is not required to proactively provide an accommodation.
There are many claims for retaliation for Fort Worth and Dallas employees
Retaliation claims arise when an employer punishes an employee for complaining about unlawful activity or participating in an investigation of unlawful activity. Retaliation suits apply to most areas of employment law, including discrimination, overtime pay, minimum wage, ERISA benefits claims and FMLA claims. Similarly, the same types of remedies are available to an employee who suffers retaliation.
Many unpaid internships are unlawful
Dallas employment attorney Adam Kielich looks unfavorably on most unpaid internships. Under Texas and federal law a worker who is not an independent contractor almost always has to be paid as an employee unless they are specifically exempt from the Fair Labor Standards Act. FLSA has provisions for unpaid internships but they are abused. An unpaid internship is generally lawful when it is attached to a meaningful educational experience, like a college externship/internship or an actual apprenticeship program. Taking free labor to test drive employees or bringing in volunteers/interns who offset the employer having to hire paid employees is generally unlawful.
401k plans and most retirement plans have legal protections
Most people are familiar with 401k plans and defined benefit pensions but they may not be aware of the large and complex regulatory system that surrounds these programs. Basically, Dallas employment attorney Adam Kielich explains, employers were so dishonest with promising retirement benefits and not paying it that Congress had to step in and require employers to behave honestly. In doing so Congress set up a complicated framework that requires employers to act, with respect to these plans, as fiduciaries. It's easy for employers to run afoul of these rules. When that happens, employee retirement funds are at risk. The employer in turn may be at risk for legal claims.
The right to unionize exists for (almost) all employees
There is a lot of back and forth about unions and unionizing. Under the National Labor Relations Act, all covered employees have the right to participate in a union. This applies to most employees in Dallas and Fort Worth, according to Dallas employment attorney Adam Kielich. The right to unionize is available even if employees do not join a large, formal union. They can unionize among themselves at work.
Employment discrimination law in the United States gets from the custom-based law, and is arranged in various state and government laws, especially the Civil Rights Act 1964, and also in the laws of provinces and districts. These laws preclude discrimination in view of specific attributes or secured classifications. The United States Constitution additionally denies discrimination by elected and state governments against their open employees. Discrimination in the private part is not specifically obliged by the Constitution, but rather has gotten to be liable to a developing collection of government and state law. Government law precludes discrimination in various zones, including enlisting, procuring, work assessments, advancement arrangements, preparing, pay and disciplinary activity. State laws regularly stretch out assurance to extra classes or employers. Working with a Dallas employment attorney can help protect your rights under employment discrimination laws in Texas.
Employment discrimination attorneys in Fort Worth
Title VII of the Civil Rights Act of 1964 offered the guarantee of equivalent employment opportunity by precluding work discrimination on the premise of race, shading, religion, sex, and national starting point. No more could employers segregate in procuring, terminating, advancements, pay, and other employment choices. Under Title VII, discrimination casualties should first document authoritative accuses of the Equal Employment Opportunity Commission (EEOC), which researches the charge and figures out if there is motivation to trust that discrimination has happened. By then, the EEOC may keep on resolving - and, if need be, prosecute - the case, or the offended party may document a claim in government court.
History of employment discrimination laws in Dallas-Fort Worth
THE SUPREME COURT'S DECISION IN I971 in Griggs v. Duke Power promote reinforced Title VII's adequacy by clarifying that it disallowed employment hones that had a biased impact, paying little respect to whether they were propelled by oppressive expectation. In Griggs the Court held that business hones that adversy affect minorities and that are not required by business need disregard the law, regardless of the fact that the employer did not plan to separate. Title VII's institution - supported by the courts' by and large expansive understanding of its degree in the 1960s and 1970s - opened entryways that had beforehand been shut to African Americans and different minorities.
Surprisingly, minorities and ladies got to be cops, firefighters, principals, and designers in critical numbers. No more could employers publicize that "lone whites require apply." Harassment in view of race, sex, or other secured attributes, got to be comprehended as a type of unlawful occupation discrimination.
An extra region of concern is the expanding predominance of compulsory intervention strategies, under which employers constrain specialists - as a state of employment - to transfer ownership of their rights to contest any future discrimination claims, and rather submit to discretion. Obligatory discretion as a rule forces essentially higher expenses on employees who will most likely be unable to manage the cost of them. Moreover, assertion - not at all like legal determination of such question - by and large does not permit open investigation of charged occupation discrimination nor does it take into account the making of legal suppositions that build up the law.
Fort Worth disability discrimination lawyers
Disability discrimination happens when an employer treats a candidate or employee with a qualified inability, or viewed as having a qualified incapacity, less positively than different employees or neglects to give a sensible settlement to a qualified incapacity. Inability discrimination is unlawful under the Americans with Disabilities Act (ADA), the Rehabilitation Act and the Texas Labor Code. Inability discrimination cases are trying for employees for various reasons. Inability discrimination cases can challenge like most employment discrimination asserts however convey the additional test of working inside the specialized lawful meaning of an incapacity and how employers must suit them. An employment lawyer can be basic to moving these landmines and giving you the best chance to acquire an attractive result for handicap discrimination.
Age discrimination lawyers in Fort Worth
Age discrimination is an unlawful type of discrimination against employees or candidates more than forty based upon their age. Age discrimination is denied by both the Age Discrimination in Employment Act (ADEA) and Texas law. Employers are precluded from treating employees or candidates beyond forty years old less positively than more youthful employees or candidates on the premise of age. Age discrimination cases are convoluted and require an abnormal state of comprehension about how discrimination law functions and how specific actualities meet up to demonstrate a case of unlawful age discrimination.
Sex discrimination is an extremely wide type of discrimination that influences numerous parts of a man's physical sex and sexual orientation parts. Sex discrimination is customarily considered as the man executing some type of sexual intimidation or badgering on a female casualty however sex discrimination and sex discrimination can fit anyone into the culprit and casualty part. There can be man against lady discrimination, ladies against man discrimination, man against man discrimination and lady against lady discrimination. Sex discrimination is denied in employment by the government Title VII, the elected Equal Pay Act, the elected Lilly Ledbetter Act and the Texas Labor Code.