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Articles by Christopher McKinney
In a significant policy shift, the U.S. Equal Employment Opportunity Commission (EEOC) has moved to dismiss several pending lawsuits alleging discrimination based on gender identity. This action aligns with President Donald Trump’s recent executive order on “gender ideology extremism” and corresponding guidance from the Office of Personnel Management (OPM).
Expected Changes in Employment Law Under President Trump’s Second Term — The McKinney Law Firm, P.C.
As President Donald Trump reclaims the White House, employers and employees alike anticipate significant shifts in labor policies. Based on his previous term and campaign promises, these changes could impact areas such as workplace regulations, immigration, and diversity initiatives. 1.
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 others as a strike against civil rights protections and established Supreme Court precedent.
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 Standards Act. Investigators also determined that, when the employee left the premises to express milk, the employer terminated the employee.
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 Opportunity Commission (EEOC).
San Antonio Noncompete Lawyer Discusses New Rule to Ban Such Agreements — The McKinney Law Firm, P.C.
The responsible lawyer for this website is Christopher McKinney. For questions about this website, contact Christopher McKinney. The McKinney Law Firm serves clients throughout the State of Texas. The firm's main office is in San Antonio, Texas. Christopher McKinney is Board Certified in Labor & Employment Law by the Texas Board of Legal Specialization. Unless otherwise indicated, other attorneys with the firm are not board certified by the Texas Board of Legal Specialization.
San Antonio Religious Discrimination Lawyer — The McKinney Law Firm, P.C.
The EEOC has recently filed suit stating that a North Carolina home service and repair company (Aurora Pro) violated Title VII of the Civil Rights Act of 1964 when it fired two employees for refusing to attend daily prayer meetings because of their religious beliefs. The lawsuit is styled EEOC v. Aurora Renovations and Developments, LLC d/b/a Aurora Pro Services, No. 22-490 (M.D.N.C. June 27, 2022).
San Antonio USERRA Attorney — The McKinney Law Firm, P.C.
*Chris McKinney is Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization in Labor & Employment Law. Unless otherwise indicated, other lawyers listed on this website are not board certified. The responsible lawyer for this website is Christopher McKinney. For questions about this website, contact Christopher McKinney. The McKinney Law Firm serves clients throughout the State of Texas. The firm's main office is in San Antonio, Texas.
San Antonio Employment Lawyer Chris McKinney Discusses Sexual Harassment Settlement — The McKinney Law Firm, P.C.
Workplace sexual harassment of employees is an awful and unfortunately commonplace situation that can damage people in many ways.An Equal Employment Opportunity Commission (EEOC) study found that anywhere from 25-85% of women have experienced sexual harassment in the workplace. That study also found that 75% of workplace harassment incidents go unreported.
Is It Illegal for My Boss to Be a Bully? — The McKinney Law Firm
*Chris McKinney is Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization in Labor & Employment Law. Unless otherwise indicated, other lawyers listed on this website are not board certified. The responsible lawyer for this website is Christopher McKinney. For questions about this website, contact Christopher McKinney. The McKinney Law Firm serves clients throughout the State of Texas. The firm's main office is in San Antonio, Texas.
How Does The EEOC Mediation Process Work? — The McKinney Law Firm
Today, Texas employment lawyer Chris McKinney discusses the EEOC mediation process and explains how it works. Transcript: Hi everyone, this is Texas Employment Rights Attorney, Chris McKinney. Today, we're talking about the EEOC. This is a video in our continuing series about the Equal Employment Opportunity Commission and how their investigation process works. Today we're talking about the EEOC Mediation Process.
What Happens After I File an EEOC Charge? — The McKinney Law Firm
In today’s video, Texas employment lawyer Chris McKinney explains what happens when you file an EEOC charge? Transcript Hi everyone I'm Texas employment rights attorney Christopher McKinney, practicing from our offices here in San Antonio Texas.
What and Why Do I Have to File with the EEOC? — The McKin — The McKinney Law Firm
In today’s video, Texas employment lawyer Chris McKinney discusses the who, why, what, where, when of the EEOC. What's it all about? Do I have to file? What do I put in my filing? Chris covers all of this and more in this video: TRANSCRIPT Who and Where? The EEOC stands for the Equal Employment Opportunity Commission.
San Antonio Employment Lawyer Discusses New Law Barring Forced Arbitration of Sexual Harassment — The McKinney Law Firm
Yesterday, the Senate passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (S. 2342). The bill gives survivors of sexual harassment or assault the chance to have their case heard in a court of law, rather than being forced into arbitration, away from public view. Employment rights attorneys have worked for over a decade to end forced arbitration in the workplace.
Is my medical leave protected by the FMLA? — The McKinney Law Firm
*Chris McKinney is Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization in Labor & Employment Law. Unless otherwise indicated, other lawyers listed on this website are not board certified. The responsible lawyer for this website is Christopher McKinney. For questions about this website, contact Christopher McKinney. The McKinney Law Firm serves clients throughout the State of Texas. The firm's main office is in San Antonio, Texas.
What Happens At The End of the EEOC Investigation Process? — The McKinney Law Firm
Today, Texas employment lawyer Chris McKinney discusses what happens at the end of the EEOC investigation process? What is a Determination Letter? Chris explains all of this and more in today’s video: Transcript: Hi everyone. This is Texas Employment Rights Attorney Chris McKinney. And today we have another video in our series about the equal employment opportunity commission or the EEOC. In today's video, we're going to be talking about the end of the EEOC process.
COVID Vaccine Mandates - SCOTUS to Hear Case but Uncertainty Will Likely Continue — The McKinney Law Firm
There is a lot of confusion among both employers and employees about the status of Covid vaccine mandates. Here in Texas the problem is especially acute because we have dueling state and federal mandates.
Lawyer Marketing? Just Work On Your Craft. — Speaking Objections
Ryan Holiday tells the story of a comedian who approached Jerry Seinfeld in a club one night and asked him for advice about marketing and getting exposure. "Exposure? Marketing?" Seinfeld asked. "Just work on your act." I had the pleasure of speaking with a young lawyer who is opening up her own firm after working for several years in another local firm. Starting your own practice is an exciting time -- exciting and terrifying. So much to do. So much to learn. So much that you know you don't know.
Can I Collect Unemployment If I'm Fired For Refusing COVID Vaccine? — The McKinney Law Firm
San Antonio Employment Law Attorney Chris McKinney discusses whether employees in Texas are eligible for unemployment benefits if they are terminated due to their refusal to take the COVID-19 Vaccine. ___________________ Read the TWC’s Letter to Employers Transcript: Hi everybody. This is Texas employment lawyer, Chris McKinney.
Employment Lawyer Chris McKinney Explains New OSHA Vaccine Mandate — The McKinney Law Firm
Transcript: - Hi everybody. This is Texas employment lawyer, Chris McKinney. And I want to talk to you today about a new rule that has been issued by OSHA, the Occupational Safety and Health Administration, regarding COVID testing. We're getting a lot of calls about this new rule, and so there's a couple of things that I want to make sure all employees know about how the rule will work, if it's implemented, as it is currently drafted.
San Antonio Employment Lawyer Discusses Activision Blizzard Settles with EEOC for $18 — The McKinney Law Firm
*Chris McKinney is Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization in Labor & Employment Law. Unless otherwise indicated, other lawyers listed on this website are not board certified. The responsible lawyer for this website is Christopher McKinney. For questions about this website, contact Christopher McKinney. The McKinney Law Firm serves clients throughout the State of Texas. The firm's main office is in San Antonio, Texas.
UPS Sued for Safety Issues. Drivers Injured or Killed by the Heat — The McKinney Law Firm
July was officially the hottest month on record, and in the scorching sun, UPS workers have convulsed, fainted and landed in the emergency room with heat-induced kidney failure, interviews and medical records show.Sixteen employees of the delivery company told a major news outlet they have suffered heat illnesses so far this summer, highlighting the continued hazards UPS workers face as workloads ramp up in record temperatures.
Texas Expands Protections Against Sexual Harassment — The McKinney Law Firm
Employees of all Texas companies, regardless of size, are now covered by sexual harassment statutes following amendments to Texas’ state discrimination law, which was implemented this month. The Texas legislature has passed a new law expanding protections for employees who suffer sexual harassment in the workplace.
Lone Star Ambulance Sued by EEOC For Sexual Harassment and Retaliation — The McKinney Law Firm
EEOC Charges that San Antonio Critical Care Transportation Company Maintained Hostile Work Environment Based on Sex Lone Star Ambulance, a San Antonio critical care transportation company, violated federal law by subjecting female employees to sexual harassment, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed last week.
Long COVID Can Be A Disability Protected by the Americans with Disabilities Act ("ADA") — The McKinney Law Firm
"Long COVID" may be considered a disability under the Americans with Disabilities Act, President Joe Biden said last Monday. "Many Americans who seemingly recover from the virus still face lingering challenges like breathing problems, brain fog, chronic pain and fatigue," Biden said in a speech marking the 31st anniversary of the statute.
Walmart Settles Sex Harassment Case for $410,000 — The McKinney Law Firm
According to the lawsuit, from 2014 to 2018 a male employee of Walmart’s store in Geneva, N.Y., regularly made unwelcome sexual comments and advances to female co-workers and touched female co-workers without their consent. The lawsuit alleged that Walmart management knew of the conduct for years, including having received written complaints.
Pregnancy Discrimination Case Settled - Rehabilitation Facility Alleged to Have Fired Employee Because of Her Need for Additional Leave to Recover from Caesarean Section - The McKinney Law Firm
Pregnancy discrimination continues to be a problem in Texas. Last week, Dallas-based Greenhouse Outpatient Center and its parent company, American Addiction Centers, agreed to pay over $146,000 and provide other relief to settle a pregnancy discrimination lawsuit brought against the company. The Dallas rehabilitation center had granted the pregnant employee, a behavioral health technician, a 30-day leave of absence for childbirth.
Independent Contractor Rule Change Withdrawn by Department of Labor is a Win for Employees — The McKinney Law Firm
Two days before its effective date, the U.S. Department of Labor has withdrawn a rule that was set to implement a so-called "economic reality" test to determine whether a worker is an employee or independent contractor. The DOL had already delayed the rule, which was originally set to take effect in March.
Is It Illegal for My Boss to Be a Bully? — The McKinney Law Firm
The responsible lawyer for this website is Christopher McKinney. For questions about this website, contact Christopher McKinney. The McKinney Law Firm serves clients throughout the State of Texas. The firm's main office is in San Antonio, Texas. Christopher McKinney is Board Certified in Labor & Employment Law by the Texas Board of Legal Specialization. Unless otherwise indicated, other attorneys with the firm are not board certified by the Texas Board of Legal Specialization.
Pendulum Swings Back - DOL to Rescind Regulations re Joint Employment and Independent Contractor Status — The McKinney Law Firm
Copyright 2020 - The McKinney Law Firm, P.C. All rights reserved. The responsible lawyer for this website is Christopher McKinney. For questions about this website, contact Christopher McKinney. The McKinney Law Firm serves clients throughout the State of Texas. The firm's main office is in San Antonio, Texas. Christopher McKinney is Board Certified in Labor & Employment Law by the Texas Board of Legal Specialization.
Filing an EEOC Charge - Who, What, Where, When and Why of Filing a Charge of Discrimination — The McKinney Law Firm
Many employees are not aware that before you can you file a lawsuit in court regarding an employment discrimination or employment retaliation case, you generally need to go through an administrative agency first. Typically that is the EEOC. Today, we are going to discuss the who, what, where, when, and why of filing an EEOC Charge of Discrimination. WHO AND WHERE do you file and EEOC Charge? The EEOC stands for the Equal Employment Opportunity Commission.
Should I mediate my Charge of Discrimination at the EEOC? — The McKinney Law Firm
How does the EEOC Mediation Process work? Transcript: Hi everyone, this is Texas Employment Rights Attorney, Chris McKinney. Today, we're talking about the EEOC. This is a video in our continuing series about the Equal Employment Opportunity Commission and how their investigation process works. Today we're talking about the EEOC Mediation Process. Now in a prior video, we talked about what happens when you file an EEOC charge with the Equal Employment Opportunity Commission.
Filing an EEOC Charge - Who, Where, What, How, When, and Why — The McKinney Law Firm
Hi, everyone, this is Chris McKinney, Texas employment rights attorney practicing here in San Antonio, Texas and throughout Austin and the Hill Country. On today's video, we're talking about the who, why, what, where, when of the EEOC. What's it all about? So let's get started with who is the EEOC. Who and Where? The EEOC stands for the Equal Employment Opportunity Commission.
Termination 4 Weeks After Returning from Medical Leave Prompts Lawsuit Against J & J — The McKinney Law Firm
An IT worker for Johnson & Johnson has filed a lawsuit alleging J&J fired him immediately after he returned from medical leave. The case pleads claims based on the plaintiff’s disability and age. You can download a copy of the Complaint here: Pultorak v. Johnson & Johnson Services, Inc. and Johnson & Johnson, No. 3:21-cv-01947 (D.N.J., Feb.
Is Workplace Bullying Illegal? — The McKinney Law Firm
Texas employment law attorney Chris McKinney discusses bullying at work in today's video. When does workplace bullying cross the line into illegal harassment? We discuss that in related issues. Transcript - Is workplace bullying illegal? Hi, I'm Texas Employment Rights Attorney, Chris McKinney. And today we're talking about bullying in the workplace and whether or not it's illegal. It's a question that we get quite often. And the answer is, it depends.
Can Employer Dock Pay of Salary Employee? - San Antonio Overtime Attorney — The McKinney Law Firm
Copyright 2020 - The McKinney Law Firm, P.C. All rights reserved. The responsible lawyer for this website is Christopher McKinney. For questions about this website, contact Christopher McKinney. The McKinney Law Firm serves clients throughout the State of Texas. The firm's main office is in San Antonio, Texas. Christopher McKinney is Board Certified in Labor & Employment Law by the Texas Board of Legal Specialization.
Fifth Circuit Issues Dramatic Change to FLSA Collective Action Certification Process — The McKinney Law Firm
The Fifth Circuit has issued an opinion today that will dramatically change the process by which FLSA collective actions are certified. From the court’s opening paragraph: "Group litigation takes various forms, with varying formality. Traditional class actions under Federal Rule of Civil Procedure 23, for example, proceed under well-established procedural safeguards to ensure that the named plaintiffs are appropriate class representatives.
The Ethics of Legal Knowledge Products — Speaking Objections
I’m a big fan of Mitch Jackson. He is relentlessly positive and is always on the bleeding edge of using social media and other new tech to market his practice and deliver superior client service. In this video he discusses the mistakes he has seen in 2020 and how we can best prepare for 2021. If you want to learn more from Mitch, check him out at Streaming.lawyer In this video, Mitch talks about attacking 2021 and gives some excellent thoughts on doing so.
Retaliation Case Involving Amazon Company Illustrates Ways For Employees to Protect Themselves — The McKinney Law Firm
The Story Has an employee engaged in protected activity such that he or she is protected from retaliation by applicable employment laws. That is a question that comes up often in employment rights cases and was the question at issue in this case decided recently in Tennessee: Tenpenny v. Prime Now, LLC., No. 19-cv-00420 (M.D. Tenn. Dec. 7, 2020).
How to Find an Employment Lawyer Near Me — The McKinney Law Firm
So you need to hire an employment lawyer but you don’t know how to get started? Then this article is for you. Hiring an employment attorney to guide you through an employment-related dispute can be challenging. Unlike cases involving personal injury matters, there aren’t hundreds of employment lawyers running TV advertisements in an attempt to get you to “Call now!” Quite the opposite is true in fact.
VIDEO UPDATE: Can Your Employer Fire You for Refusing to Take the COVID Vaccine?? — The McKinney Law Firm
The EEOC has issued guidance regarding whether an employer can require its employees to take a vaccine as a condition of employment. As expected, the agency says that the answer is “Yes, for the most part.” You can read the guidance issued here.
Worst Employer Award Candidate: Tyson plant managers bet on how many workers will get COVID — The McKinney Law Firm
Tyson Foods’ new entry into the Worst Employer In the World Award contest is making an impressive showing: A recently-filed wrongful death lawsuit relating to an Iowa pork processing plant alleges that during the initial stages the pandemic, Tyson Foods ordered employees to report for work while supervisors privately wagered money on the number of workers who would be sickened by the deadly virus. One of those workers, Isidro Fernandez, died from COVID-19.
Civil Rights in Texas, the Supreme Court, and Qualified Immunity — The McKinney Law Firm
First a warning: This post is about prison conditions in Texas, so you will need a strong stomach to continue reading. In their orders on Monday, the U.S. Supreme Court struck down a ruling by the U.S. Court of Appeals for the 5th Circuit (the appeals court covering Texas) that had blocked a Texas inmate’s lawsuit against prison officials based on the conditions of his incarceration.
10th Circuit Says Adverse Employment Action Not Required for Failure-To-Accomodate Case — The McKinney Law Firm
The Tenth Circuit has published an important en banc decision holding that an adverse employment action is not a required element of a failure-to-accommodate claim under the ADA. The decision is Exby-Stolley v. Board of County Commissioners, Weld County, Colorado, case number 16-1412 in the U.S. Court of Appeals for the Tenth Circuit.
Dell Sued by EEOC for Violation of Equal Pay Laws — The McKinney Law Firm
IT Analyst Paid Less Than Male Co-Worker for the Same Work, Federal Agency Charges DALLAS — Dell, Inc. violated federal law by paying lesser wages to a female IT analyst than it paid to a male employee performing work that required substantially equal skill, effort and responsibility, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed today.
EEOC Proposes Updates to Conciliation Process and Right to Sue Language — Texas Employment Law Blog
The EEOC has recently finalized internal changes to its conciliation process and is requesting feedback on additional proposed changes to their process. “Conciliation” is the informal and confidential effort to resolve process that the EEOC uses to resolve some of the claims filed with the agency by employees. In a Oct.
OSHA Says Employers Must Report Work-Related COVID Deaths Within 8 Hours — The McKinney Law Firm
Copyright 2020 - The McKinney Law Firm, P.C. All rights reserved. The responsible lawyer for this website is Christopher McKinney. For questions about this website, contact Christopher McKinney. The McKinney Law Firm serves clients throughout the State of Texas. The firm's main office is in San Antonio, Texas. Christopher McKinney is Board Certified in Labor & Employment Law by the Texas Board of Legal Specialization.
Employment Attorney: COVID at Work Issues — Texas Employment Law Blog
OSHA issued updated guidance on September 30th mandating that employer must report any work-related COVID-19 employee death to the U.S. Occupational Safety and Health Administration within eight hours of learning about it.
Ruth Bader Ginsburg, Peace Be Upon Her — Texas Employment Law Blog
This blog is for information purposes only. While I hope you find the information on this site useful, you absolutely should not consider it to be legal advice. To obtain real legal advice, you need to visit with a licensed attorney who can listen to the specific facts of your situation and inform you regarding the law as it applies to those specific facts. Please do not rely on this or any other information you find on the web to make a legal decision. This blog is published by Christopher J.
New Lawsuit Takes On Common FMLA Trap — Texas Employment Law Blog
A new lawsuit filed in a New York federal court takes on a common trap companies use to strip employees of return-to-work protections under the FMLA. The case is called Knight v. Deloitte Touche Tohmatsu Ltd., No. 1:20-cv-07114 (S.D.N.Y., Sept. 1, 2020). The trap works by offering employees MORE than the 12 weeks of FMLA job-protected leave required by law. I’ve written about this FMLA trap previously.
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