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Austin’s Newly-Instituted “Ban the Box” Ordinance: A Deeper Look

The Austin City Council recently passed the Fair Chance Hiring Ordinance, which took effect on April 4, 2016. This ordinance stipulates that for certain covered jobs, an employer may not inquire about an applicant’s criminal history during the application process, solicit criminal history information about said individual, or disqualify said individual from getting a job if they did not disclose pertinent information about their criminal history.

This recent Austin ordinance is modeled after the United States’ Equal Employment Opportunity Commission’s 2012 three-factor screening process, and requires that employers evaluate the “nature and gravity” of an applicant’s past criminal offenses, evaluate the amount of time that has past since the incident and any penalties served, and whether any past offenses could bear on the position for which the individual is applying.

Employers that violate the new law and continue to violate the ordinance 10 business days after receiving written notice from the city of Austin will be subject to a civil penalty of up to $500 per violation.

If you are dealing with any employment law issues, including but not limited to wrongful termination, sexual harassment, or unfair hiring practices, you need experienced legal assistance on your side. Learn more about what our Austin employment lawyers can do to help you by contacting The Melton Law Firm at (512) 330-0017.


Fired APD officer sues for wrongful termination

Former Austin Police Department Officer Blayne Williams, who was fired from the force in 2015, is appealing his termination, claiming that he was fired for filing a discrimination complaint against the department.

In his lawsuit filed on Thursday, April 28, Williams says that his termination from the police force is unjust because he was not informed of complaints filed against him, which is a requirement of the civil service. He also attributes his termination to a discrimination complaint he lodged against the police department in 2011, saying he felt he received different treatment than his white counterparts. City of Austin spokesman Bryce Bencivengo said that the city stands by Police Chief Art Acevedo, noting “We are prepared to defend Chief Acevedo’s decisions, which were upheld by an independent hearing examiner.”

If you are experiencing employment issues in Austin, such as a hostile work environment, wrongful termination, a wage dispute, or discrimination, the attorneys at The Melton Law Firm may be able to help you with your situation. Call our offices at (512) 330-0017 to see what we can do for you.


U.S. Supreme Court upholds $5.8M judgment against Tyson Foods

In a 6-2 decision, the United States Supreme Court on Tuesday, March 22, affirmed a federal court’s decision to certify the claims of former and current employees at a Tyson Foods pork processing plant as a class action. They accused the company of not paying them for the time they spent putting on and checking their safety gear while at work.

The high court upheld a $5.8 million judgment against Tyson under the Fair Labor Standards Act and an Iowa wage statute.

David Frederick, the Tyson employees’ legal counsel, stated in an interview with Bloomberg the ruling is relevant because it establishes that representative proof is enough methodology to certify class action lawsuits, a point which wasn’t clear until after the court’s decision.

An employer’s maltreatment – in any known form – of his employees should not go unpunished as this treatment hinders the professional growth of an employee while also compromising his well-being. Call our attorneys at The Melton Law Firm in Austin, Texas by dialing (512) 330-0017 today to pursue legal action against responsible parties.

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