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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. Comments are closed.
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