Employment issue? Call us today at (512) 330-0017!

Texas Employment Blog

Wills Point woman files suit against city of Van

Wills Point resident Cathy McCoy filed a lawsuit on Thursday, July 14 in the Marshall Division of the Eastern District of Texas against the City of Van, claiming sexual harassment and wrongful termination.

According to the legal complaint that McCoy filed, the city subjected her to a hostile work environment, sexual harassment, discrimination, and eventually unlawful termination between May 2014 and July 2015. McCoy said after a training officer sexually harassed her, the City of Van refused to transfer her to a new training officer. She was therefore exposed to a hostile working environment every day for the duration of her employment. The city fired her after claiming that she did not have the ability to complete her training, McCoy claimed. McCoy is suing for emotional pain, inconvenience, mental anguish, loss of wages, and loss of enjoyment of life.

The employment attorneys at The Melton Law Firm handle employment concerns and problems such as hostile working environment and wrongful termination cases. To learn more about your legal options and rights or to discuss your situation, speak with our attorneys by calling our Austin offices today at (512) 330-0017.

Texas man claims energy companies were not paying overtime wages

Tom Green County, Texas resident Amalio Barrientes has filed a class action lawsuit, individually and on behalf of other people, on Friday, July 1 in the Houston Division of the Southern District of Texas against a string of energy companies such as KLX Inc., KLX Energy Services, and OFS 2 Deal 2 LLC, which is formerly known as Vision Oil Tools LLC, claiming that they violated the provisions of the Fair Labor Standards Act by not paying proper overtime wages.

According to the lawsuit, Barrientes worked with the defendants between June 2014 and March 2016 for over 40 hours per week without receiving proper compensation for his work and was paid a fixed sum of money even if his hours went past normal working hours.

There are a myriad of ways that an employer, either willfully or due to unintentional negligence, cause undue, unjust, or unfair treatment to its employees. If you have experienced wrongful termination, overtime/wage disputes, retaliation, or other employment issues in your workplace, do not hesitate to get in touch with our attorneys at The Melton Law Firm by calling our Austin offices today at (512) 330-0017.

Austin’s Park N Pizza settles discrimination lawsuit by paying former employee $20,000

The United States Equal Employment Opportunity Commission last Tuesday, June 28 announced that Pflugerville, Texas-based amusement park Austin’s Park N Pizza has conceded in bringing payment of $20,000 to a 26-year-old former employee, and change some of its former employment practices to settle a disability discrimination lawsuit.

According to EEOC, the former employee who suffered from a traumatic brain injury when he was a child, was terminated via email by the company because he could not work an electronic time clock system that was recently installed at the amusement park.

EEOC’s Dallas District Office regional attorney Robert Canino, who said that the former employee has spent four years working part-time for the company, handling weekend custodial duties, bussing tables, and assisting customers who want to play at the miniature golf course, noted that, “There is no justification for discriminating against a person with a cognitive impairment who has demonstrated ability and enthusiasm in executing his assigned duties.”

If you have suffered unfair treatment at the hands of an unscrupulous employer, or you have been subjected to harassment of any kind at your place of work, do not hesitate to contact our attorneys at The Melton Law Firm who have extensive legal experience when it comes to helping workers. Call our Austin, Texas offices at (512) 330-0017 to speak with a qualified member of our legal team.

Disabled workers in the labor force

A new report from the United States Department of Labor issued last Tuesday, June 21 showed that for working-age persons with disabilities, rates of employment and labor-force participation are rising. The numbers for both metrics increased between 2014 and 2015 after steady dips following the economic recession.

For instance, disabled men who are between the ages of 16 and 64 saw their employment-to-population ratio decline to an average of 28.1% in 2014, down from 31.7% in 2009. For their non-disabled counterparts, the same measure plunged in 2010 and has climbed each year after that. Cornell University and University of Texas at Austin economist Richard Burkhauser said that even though 2015 showed positive developments for employment and labor-force participation among the disabled, there is still a long-term trend of decreasing employment for those with disabilities.

Employees should be protected from employers who violate their rights or discriminate against them for having a disability. If you feel you were discriminated against because of your disability, get in touch with an attorney at The Melton Law Firm by calling our office at (512) 330-0017. We may be able to help you fight for compensation against disability discrimination.

Texas nondiscrimination laws reach 12 cities

As of Monday, June 6, Texas has 12 cities with populations of more than 100,000 that have instituted legislation that establishes protection for residents or city employees based on sexual orientation or gender identity. The newest addition to this list is the city of Mesquite.

For more than ten years, Dallas, Fort Worth, and Austin have held ordinances that protect members of the lesbian, gay, bisexual, and transsexual community from discrimination in employment, housing choices, and public spaces like restaurants and public transportation. Of Texas’ major cities, it is Houston that does not want to budge. On November 3, 2015, 61% of voters in Houston voted against a measure that established discrimination protection for LGBT residents. LGBT employees in Houston are now protected by a nondiscrimination measure only via an executive order. Fort Worth was the first city in Texas to institute protection for all individuals based on sexual orientation in 2000, which it expanded to include gender identity in 2009.

If you have faced discrimination on the basis of gender or sexual orientation, the attorneys at The Melton Law Firm may be able to help you receive compensation. Contact us at (512) 330-0017 to discuss your personal situation.

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.

Study shows women, minorities, LGBT community underrepresented in Hollywood

A new study, titled The Comprehensive Annenberg Report on Diversity, showed that movies and television shows produced by major media companies in Hollywood are “whitewashed,” and that an “epidemic of invisibility” is prevalent top to bottom throughout the industry for women, minorities, and the lesbian/gay/bisexual/transgender community.

The study focused on 109 movies released by major studios (including art-house divisions) in 2014 and non-reality TV and digital series across 31 networks and streaming services that were aired between September 2014 and August 2015.

Over 11,000 speaking characters were studied for gender, racial and ethnic representation, and LGBT status. Diversity among 10,000 directors, writers, and show creators, and around 1,500 executives was also examined.

The study showed that women, minorities, and people belonging to the LGBT community are underrepresented no matter the media platform or position within the entertainment industry, from chief executive officers to minor characters in films and television shows.

Sadly, this is only one representation of discrimination that is present in the American workforce. If you believe that you have been discriminated against at your place of employment or at a potential place of employment, find out what legal options are open to you by contacting the Austin employment attorneys of The Melton Law Firm today at (512) 330-0017.

EEOC announces $4M settlement for Sara Lee employees

The United States Equal Employment Opportunity Commission has recently announced a $4 million settlement for former employees of the Paris, Texas factory of the Sara Lee Corp. after two years of investigations into complaints of workers’ rights and health violations. This announcement marks the largest settlement the EEOC has brokered regarding a hostile work environment case.

In addition to paying monetary damages, Sara Lee was ordered by the EEOC to initiate measures that would prevent workplace discrimination and to deliver periodical reports to the agency regarding working conditions at the factory.

The investigation yielded evidence that African-American employees were exposed to unsafe working conditions, such as black mold asbestos and other dangerous toxins, during the course of their daily work while Caucasian employees were promoted to work in areas of the factory that were not exposed to such substances.

No employer has the right to treat their employees disrespectfully due to prejudices of any kind. If you had been a victim of workplace discrimination in Austin or other areas in Texas, seek the legal assistance of our attorneys at The Melton Law Firm today by calling our offices at (512) 330-0017.

The Melton Law Firm
925 S Capital of Texas Hwy
Ste B225
Austin, TX 78746
(512) 330-0017

See Map & Directions >