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Texas judge hinders implementation of Fair Pay and Safe Workplaces rule

Judge Marcia A. Crone of the United States District Court for the Eastern District of Texas issued a preliminary injunction last Monday, October 24 against the Fair Pay and Safe Workplaces rule. The regulation recently imposed by President Obama mandates that contractors who are looking for federal work should disclose recent law labor violations. Opponents of the law refer to it as the “blacklisting” rule.

Politico reported the groups who initiated the lawsuit – the Associated Builders and Contractors – “properly demonstrated immediate and ongoing injury to their members if the rule is allowed to take effect.” According to an ABC survey in September, 98% of the respondents said the contracting process would become more costly if the regulation took effect.

Our attorneys at The Melton Law Firm provide legal services for our clients in Austin and other areas of Texas. We also handle employment issues such as overtime and wage disputes, a hostile work environment, and equal pay, among others. Call our offices today at (512) 330-0017 if you feel your employer may be violating your rights.


EEOC settles sexual harrassment lawsuit against Texas Roadhouse

The United States Equal Employment Opportunity Commission (EEOC) announced on Wednesday, September 21 that a Texas Roadhouse franchisee in Ohio settled a 1.4 million dollar lawsuit lodged against it.

The EEOC said restaurant manager Eric Price subjected female employees, including teenagers, to inappropriate touching and requests for sexual favors in exchange for employment benefits. Even though he received numerous complaints since 2007, he wasn’t taken off his post until May 2011 when surveillance video showed him inappropriately touching a 17-year-old in his office.

Ellen Toth, an attorney, said the lesson in this case is that “employers have to be able to show their employees and prove to a judge or jury that they promptly, thoroughly and honestly investigated each complaint they received. This lesson is magnified when an employer receives complaints of physical touching of underage women.” Under the settlement contract, the companies need to track and report all discrimination and retaliation complaints in accordance to a five-year consent decree.

Toth said retail and restaurant operations far from corporate headquarters may want to practice reporting such complaints by giving contact information for regional and corporate human resource professionals. Other options include providing anonymous Internet and telephone hotlines and scheduling regional and division management to make unannounced visits during non-peak hours to uncover hidden issues.

If you suffered injustice or maltreatment at your place of work in Austin or another area of Texas, get in touch with our attorneys at The Melton Law Firm by calling our offices today at (512) 330-0017. We can file the appropriate lawsuit against the people responsible for your mistreatment.


U.S. EEOC files lawsuit against nursing home for disability discrimination

Marble Falls-based Granite Mesa Legend Healthcare and Rehabilitation Center fired a certified nurse assistant when he told the facility he was HIV-positive, the United States Equal Employment Opportunity Commission (EEOC) claimed in a lawsuit filed last Tuesday, October 4.

According to the lawsuit, Granite Mesa Health Center, Ltd. unlawfully required a medical examination of a member of the nursing staff after he disclosed he tested positive for HIV (human immunodeficiency virus). According to EEOC senior trial attorney Patrick Connor, “The limited avenues for transmission of HIV/AIDS (acquired immune deficiency syndrome) have long been understood by the medical and health care community. The employer here nonetheless made decisions based on unfounded fears and misperceptions rather than on correct, current medical knowledge about HIV infection.”

Employers have the responsibility of providing a working environment for employees that makes them feel safe – physically, mentally, and emotionally. However, in some situations, employers do not follow this basic tenet of common human decency and resort to the unfair treatment of their employees. If you face discrimination in Austin, call our attorneys at The Melton Law Firm today at (512) 330-0017 to see what we can do for you.


Around 600,000 workers will soon benefit from paid sick leave

President Obama announced on Thursday, September 29 that his administration will be implementing a new rule to extend sick leave to almost 600,000 workers who currently lack the benefit. Workers will now be earning up to seven sick days in a year.

In an interview with Slate, Obama outlined the importance of the new rule, saying: “It will give additional paid sick leave to more than 1.1 million federal contract workers in the first five years, including nearly 600,000 who currently receive no paid sick leave at all.”

“Since I first called on them to act, we’ve seen four states pass paid leave laws. Over 25 locations have taken action on paid sick leave and 22 localities took action on paid family leave. California, Massachusetts, Oregon, and Vermont have all passed bills concerning this issue, joining Connecticut, which did so in 2011. Philadelphia, Chicago, Minneapolis, and St. Paul have joined also trailblazers like San Francisco, Seattle, New York City, and the District of Columbia in requiring paid sick leave for folks working in their cities. Businesses have heeded the call, too, and some businesses now require their suppliers to provide paid sick leave as well.”

Our attorneys at The Melton Law Firm can provide legal services to our clients in Austin and other areas of Texas, handle employment law cases such as retaliation and wage disputes cases, among other things. Speak with a qualified member of our legal team by calling our offices today at (512) 330-0017.

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