A recent Third Circuit Court of Appeals decision finds that a change in shifts is indeed an accommodation which an employer may have to provide in certain circumstances. In Colwell v. Rite Aid, the employee had no vision in one eye due to glaucoma. So, she could not drive at night. She asked to
ADA Applies to Some Church School Teachers
The Americans with Disabilities Act and Title VII do not apply to churches or religious institutions. But, what happens when the church operates a secular activity, such as a school? It depends. The church can require that teachers conform to particular church doctrine. As this decision explains, however, much depends on whether the teacher’s duties
Hiring Managers Rely on Online Information
Microsoft commissioned a study which found last December that 70% of hiring managers and job recruiters rejected at least one job applicant based on information the employer acquired online. See report. The survey was posed to managers and recruiters in the US, Germany and the United Kingdom. Watch those Facebook entries…..
DOL Changes Guidance Regarding Mortgage Loan Officers
Periodically, the Department of Labor issues guidance on interpretation of the regulations and statutes regarding the Fair Labor Standards Act. The FLSA is the statute hat requires overtime pay and payment of minimum wage. The DOL has issued an opinion recently stating that it now believes mortgage loan officers are not exempt employees and are
Union Organizer Reinstated in San Antonio
The National Labor Relations Act protects the rights of workers who organize unions. One thing the employer cannot do during an organization attempt is ask questions of the employees about the organizing activity and threaten the workers with fewer hours and less pay if they do form a union. That appears to be what the
Good Advice on Job Hunting from the San Antonio Express-News
The unemployment rate may be dropping in the San Antonio area, but finding a job is still tough out there. Ronda Templeton gives some good advice on job hunting in this column from the San Antonio Express-News. Notice Ms. Templeton’s emphasis on using social media sites. She says be sure to clean up your page
Do Not Change Lawyers Unless You Must
It is very unwise to change lawyers in the middle of a lawsuit. Allen Stanford, the Houston investment counselor who has been charged with fraud, has changed lawyers a couple of times already and is seeking to change lawyers yet again. His case is criminal, but the same principle applies: a lawyer or a
Zero Tolerance Drug Policies Do Not Always Work
Many employers have zero tolerance for drug testing. I served in the Army Reserve and Army National Guard for 25 years. The US Army had a so-called zero tolerance policy for NCO’s and officers. Any Non-Commissioned officer or commissioned officer caught doing drugs in a drug test would be automatically discharged. If the offender was
Employers Must Provide Breaks for Women who Breastfeed
Part of the recently passed Patient Protection and Affordable Care Act contains an amendment to the Fair Labor Standards Act. The amendment requires all employers to provide reasonable breaks and a location for women to express milk for their children. The act supports women who breastfeed their children. The location must be in a
San Antonio Unemployment Improves
The national economy added 162,000 jobs in March, but the unemployment rate stayed the same at 9.7%. That is the largest job gain in three years. No small achievement for this battered financial picture. See report. Meanwhile Texas unemployment for February stayed the same at 8.2%. San Antonio unemployment improved to 6.4% from the