McKinney Law Firm

I hope everyone has a restful and meaningful memorial day weekend.

Honoring the Fallen: A Memorial Day Reflection Memorial Day is a time of reflection, gratitude, and remembrance. It’s a day when we pause from our busy lives to pay tribute to the brave men and women who have made the ultimate sacrifice in service to our country. These heroes gave their lives to protect our freedom and ensure our safety, and i...

Noncompete Agreements Banned Nationwide by New FTC Rule

Today, the Federal Trade Commission issued a final rule to promote competition by banning noncompetes nationwide, protecting the fundamental freedom of workers to change jobs, increasing innovation, and fostering new business formation.

Link to full article in the comments.

Michigan Repeals Its Anti-Union “Right-To-Work” Law

Read More: https://www.themckinneylawfirm.com/texasemploymentlawblog/2024/2/17/michigan-repeals-its-anti-union-right-to-work-law

Are you owed money by a previous employer?

You could be one of thousands in Texas owed over $600 in back wages. Here's how to claim. There's a combined $8 million in back wages owed to over 12,000 Texas workers. Here's how to see if you're one of them, and how to claim the money.

"Darkness cannot drive out darkness, only light can do that. Hate cannot drive out hate, only love can do that."

Discussing Race Discrimination in the Workplace

Race discrimination in employment refers to the practice of treating individuals differently in the workplace based on their race. This can include denying opportunities for promotion, unfairly evaluating job performance, or creating a hostile work environment. Race discrimination can also occur when an employer uses a hiring or promotion process that disproportionately excludes individuals of a particular race.

San Antonio Race Discrimination Lawyer Discusses Race Discrimination at Work — McKinney Law Firm The McKinney Law Firm, P.C.

Texas Governor Greg Abbott Signs SB 7 into Law: Implications for Employers and Employees — The McKinney Law Firm, P.C. On February 6, 2024, Texas will see a significant shift in its employment landscape following Governor Greg Abbott's recent signing of Senate Bill 7 (SB 7), a law that effectively prohibits private employers, regardless of their size, from enforcing COVID-19 vaccine mandates as a condition of employ

Child labor in dangerous jobs becoming more common. Employers save big $$$ putting children on the factory floor.

The Kids on the Night Shift (Gift Article) For Marcos Cux — and thousands of other migrant children — working dangerous jobs that violate child-labor laws is the only American dream there is.

OSHA fines wire manufacturer $300,000 in San Antonio employee death earlier this year.

OSHA fines wire manufacturer in San Antonio employee's death An OSHA investigation proposes a $300,000 fine, finding the company failed to protect an employee who fell from an unsecured forklift attachment.

With a 9-2 vote, San Antonio City Council approved a new law Thursday that requires contractors who work on city-funded projects to provide shade, water and and breaks for workers exposed to extreme summer heat.

San Antonio mandates water, shade and breaks for city contractors The City Council-passed measure that aims to prevent heat illness for workers in outdoor and unconditioned spaces takes effect immediately.

The SCOTUS' ruling in the case of 303 Creative LLC v. Elenis has ignited a complex debate regarding the delicate balance between free speech and civil rights.

Striking a Balance or Striking Out? SCOTUS Takes a Swing at Free Speech, Religion, and Anti-Discrimination Laws in 303 Creative LLC v. Elenis — The McKinney Law Firm, P.C. The Supreme Court's ruling last week in the case of 303 Creative LLC v. Elenis has ignited a complex debate regarding the delicate balance between free speech rights and anti-discrimination laws. This landmark decision is being celebrated by some as a victory for free expression and panned by ot

In this issue of The File, we talk about Father’s Day and fatherhood, plus our normal random selection of theoretically interesting articles and videos.
https://tinyurl.com/newsletter230618

DOL Achieves Paltry Result for Wrongful Termination Victim

DOL Achieves Paltry Result for Wrongful Termination Victim — The McKinney Law Firm, P.C. Last week the U.S. Department of Labor issued a press release , touting its settlement with a corporate-owned location of Whataburger Restaurant LLC. The agency alleged that the company failed to provide reasonable break time for an employee to express breast milk as required by the Fair Labor Stan

Gov. Abbott signs CROWN Act into law, protecting against hairstyle discrimination. https://www.expressnews.com/politics/article/texas-crown-act-hair-discrimination-18097477.php

Is It Morally Wrong for Office Workers to Demand Work from Home?

Is It Morally Wrong for Office Workers to Demand Work from Home? On the Other Hand Newsletter: CNBC.com/OTOHTennessee senator Marsha Blackburn this month introducing a measure that would require federal workers to revert to pre-pandemic in-...

New Post: Employers Not Allowed to Hide Discrimination Through Use of a Staffing Company

Employers Not Allowed to Hide Discrimination Through Use of a Staffing Company — The McKinney Law Firm, P.C. Conduent State and Local Solutions, Inc., the operator of the New York E-ZPass toll collection system, and Broadleaf Results, Inc., an employment agency, have reached a settlement agreement of $120,000 and other relief in a disability discrimination lawsuit filed by the U.S. Equal Employment Opportu

New Post: The New York City Council recently enacted legislation prohibiting employment discrimination premised on an individual's weight or height, signifying a critical advancement in the sphere of employment law. The law contains a provision granting an exception to employers for whom an employee's height,

New York Votes to Prohibit Discrimination Based on Weight or Height — The McKinney Law Firm, P.C. The New York City Council recently enacted legislation prohibiting employment discrimination premised on an individual's weight or height, signifying a critical advancement in the sphere of employment law. The law contains a provision granting an exception to employers for whom an employee's height

Let's discuss EEOC mediations. How do EEOC mediations work? Do I need a lawyer for an EEOC mediation?

How Do EEOC Mediations Work? — McKinney Law Firm If you've filed an EEOC charge with the Equal Employment Opportunity Commission (EEOC), one of the things that may happen is you'll receive an Invitation to Mediate. The document asks whether you're interested in voluntarily mediating your case with the EEOC's Mediation Unit. If both parties, the em...

In Texas, which has lagged behind other states in statewide labor protections, cities have adopted worker's benefits & safeguards. But now, Republican lawmakers' bills could void many & curb cities' ability to regulate labor.

Texas cities have adopted ordinances to benefit workers. Sweeping legislation could roll many back. Lawmakers say their bills are needed to provide small businesses with consistent regulations and that regulatory power should be returned to the state. Labor groups say the proposal could undo hard-fought measures to protect workers.

Crowds and noise can keep some from enjoying the San Antonio Zoo, but it’s about to be more inclusive to neuro-divergent guests. San Antonio Zoo officials have worked with nonprofit KultureCity to make it a sensory-inclusive certified venue.

As a part of this effort, visitors can rent a KultureCity sensory bag at the guest services window at the front entry gate. Rentals are free, and 15 are available. Each bag includes noise-canceling headphones that can be used in loud areas and fidget items with different textures and kinetic movement to keep minds focused.

Helping more people be able to enjoy our SA Zoo is a good thing.

San Antonio Zoo to open quiet zones to become more inclusive People on the autism spectrum, veterans with PTSD and elders with dementia are among those...

CASE UPDATE - Healthcare Whistleblower Case Against Texas Vista Medical Center Amended to Add Parent Company Steward Health Care System

CASE UPDATE - Healthcare Whistleblower Case Against Texas Vista Medical Center Amended to Add Parent Company Steward Health Care System — The McKinney Law Firm, P.C. The McKinney Law Firm has filed an amended healthcare whistleblower lawsuit petition in Bexar County District Court in San Antonio on behalf of our client, Ashley Hunter, against Texas Vista Medical Center and it’s parent corporation, Steward Health Care System, LLC.

Supreme Court Decides that Day-Rate Employees Are Entitled To Overtime

If you work hourly and over 40 hours a week, you should receive extra pay. But this rule isn't always straightforward, as shown in the Helix Energy Solutions Group v. Hewitt case recently decided by the U.S. Supreme Court. In Helix, Michael Hewitt worked 28 consecutive 12-hour days on an oil rig but wasn't paid overtime even though he worked more than 40 hours per week. Helix argued that he was exempt from overtime pay because he fell under the Fair Labor Standards Act's exemption for "bona fide executive, administrative, or professional" (EAP) employees.

The exemption is defined in two ways: the employee must earn a salary that exceeds a minimum threshold, and their job duties align with a "duties test"; or the employee must earn at least $100,000 per year, with "at least $455 per week paid on a salary or fee basis." Both parties agreed that Hewitt earned over both thresholds, but the question was whether he was paid on a "salary basis."

The court ultimately sided with Hewitt. To be paid on a "salary basis," an employee must regularly receive a predetermined amount of compensation regardless of the quantity or quality of work. This does not apply to a daily-rate worker, who is paid for each day they work. The court also rejected Helix's argument that Hewitt received his paycheck on a bi-weekly basis, stating that it did not fit the definition of "salary." The court also addressed another regulation, Section 604, which allows some employees who are paid a day-rate to be treated as salaried, but it did not apply in Hewitt's case.

Read more...

San Antonio Employment Lawyer Discusses New Case re Overtime for Employees Paid a Day Rate — The McKinney Law Firm, P.C. Chris McKinney discusses new case in which the Supreme Court decides that day-rate employees are entitled to overtime.

Survey Shows Growing Trend of Employees Demanding Salary Transparency

San Antonio and Austin Employment Lawyer Chris McKinney Discusses Salary Transparency — The McKinney Law Firm, P.C. A new survey shows a growing trend of employees demanding transparency around salaries within their organizations.

Employment retaliation can take many forms, so it's essential to be aware of the signs and take action immediately if you suspect it is happening to you.

San Antonio Employment Retaliation Lawyer Discusses How to Protect Yourself — The McKinney Law Firm, P.C. It's important to note that employment retaliation can take many forms, so it's essential to be aware of the signs and take action immediately if you suspect it is happening to you.

Yesterday (Jan 5, 2023), the Federal Trade Commission proposed a rule that would prohibit employers and employees from entering into so-called “noncompete agreements.”

San Antonio Noncompete Lawyer Discusses New Rule to Ban Such Agreements — The McKinney Law Firm, P.C.

Supreme Court Will Decide Whether the Denial of Motion to Compel Arbitration Automatically Stays Case

Supreme Court Will Decide Whether the Denial of Motion to Compel Arbitration Automatically Stays Case — The McKinney Law Firm, P.C. Supreme Court Will Decide Whether the Denial of Motion to Compel Arbitration Automatically Stays Case.

Circle K will pay $8 million as part of a nationwide settlement agreement to settle claims that the company denied reasonable accommodations to and retaliated against pregnant employees and those with disabilities.
Read more....

Circle K Pays $8 Million to Settle S*x / Pregnancy, Disability and Retaliation Claims — The McKinney Law Firm, P.C. Circle K will pay $8 million as part of a nationwide settlement agreement to settle claims that the company denied reasonable accommodations to and retaliated against pregnant employees and those with disabilities.