EEOC Summaries of Reasonable Accommodations

The EEOC has summarized Reasonable Accommodations in various contexts:

 

Reasonable Accommodation & Disability

The law requires that an employer provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense for the employer.

A reasonable accommodation is any change in the workplace (or in the ways things are usually done) to help a person with a disability apply for a job, perform the duties of a job, or enjoy the benefits and privileges of employment. Reasonable accommodation might include, for example, providing a ramp for a wheelchair user or providing a reader or interpreter for a blind or deaf employee or applicant.

Reasonable Accommodation & Pregnancy, Childbirth, or Related Medical Conditions 

The law requires that an employer provide reasonable accommodation to a qualified employee or job applicant with a known limitation related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions, unless doing so would cause significant difficulty or expense for the employer. A reasonable accommodation is any change in the workplace (or in the ways things are usually done) to help a person with a known limitation apply for a job, perform a job, or enjoy the benefits and privileges of employment. Reasonable accommodation might include, for example, allowing additional break times for the worker to rest, drink, eat, or use the restroom, allowing a worker who usually stands to perform their job to sit, telework, or leave for medical appointments or to recover from childbirth.

Reasonable Accommodation & Religion

The law requires an employer to reasonably accommodate an employee’s religious beliefs or practices, unless doing so would cause difficulty or expense for the employer. This means an employer may have to make reasonable adjustments at work that will allow the employee to practice his or her religion, such as allowing an employee to voluntarily swap shifts with a co- worker so that he or she can attend religious services.

From <https://www.eeoc.gov/prohibited-employment-policiespractices>

 

 

Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses in a variety of matters. We are experienced Texas employment law attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.

Martindale AVtexas[2]

Laws and Regulations Impacting the 3PL Industry in Texas

Several new laws and regulations are impacting the 3PL industry in Texas, particularly those related to labor, safety, and trade. 3PLs must stay informed about updates to labor laws like the Fair Labor Standards Act (FLSA) and the Occupational Safety and Health Act (OSHA), as well as the impact of trade policies and tariffs on their operations. Additionally, there are ongoing requirements for renewing licenses and complying with federal regulations like the Drug Supply Chain Security Act (DSCSA). 3PLs must also comply with laws to prevent unfair treatment and promote diversity, impacting hiring and workforce management. Other examples of some key areas affecting logistics:

  • Federal Motor Carrier Safety Administration (FMCSA) regulations:

    Impacts trucking and transportation operations within the 3PL sector, including hours of service and safety standards. 
  • Tariff and Trade Agreements:

    Changes in tariffs and trade agreements can significantly impact the cost and efficiency of international shipping operations for 3PLs.
  • Import and Export Restrictions:
    These can disrupt supply chains and require 3PLs to find alternative routes or suppliers. 
  • Infrastructure Investment:
    Federal infrastructure spending, including road, bridge, and port improvements, can directly impact the efficiency and cost of logistics operations for 3PLs. 
  • Environmental Regulations:
    Growing environmental policies are impacting 3PL operations, particularly in warehouse and transportation aspects. 
  • Automation and Robotics:
    The integration of these technologies in warehousing and inventory management is revolutionizing the 3PL industry. 

Staying Informed:

3PLs should stay informed about these regulations by consulting with legal and compliance professionals and leveraging specialized compliance services and software to track updates and ensure ongoing compliance.

 

 

Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and 3PL’s in a variety of matters. We are experienced Texas civil transactional attorneys based in Fort Worth who know Texas businesses and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.

Martindale AVtexas[2]

Outsourcing General Counsel Has Advantages for Texas Businesses

Outsourcing general counsel provides businesses with cost savings, access to specialized expertise, and enhanced scalability, while allowing them to focus on core competencies. It offers a flexible and cost-effective alternative to hiring a full-time in-house attorney, especially for small and medium-sized businesses. Additionally, it can improve risk management and ensure compliance with evolving legal regulations. Here’s a further look at the advantages:

    • Cost Savings:
      Outsourcing eliminates the need for fixed costs associated with a full-time in-house counsel, including salary, benefits, and office space. Businesses pay only for the services they need, making it a more flexible and cost-effective solution. 
    • Focus on Core Competencies:
      By outsourcing general counsel, businesses can redirect their internal resources and focus on their core business functions, improving efficiency and productivity. 
    • Risk Management:
      Outsourced counsel can proactively identify and manage legal risks, helping businesses avoid expensive litigation and fines. 
    • Scalability:
      Outsourcing allows businesses to adjust their legal support as needed, providing flexibility and cost-effectiveness in times of fluctuating legal needs. 
    • Improved Efficiency:
      Outsourced counsel can serve as a single point of contact for all legal matters, streamlining communication and improving coordination with other outside counsel. 
    • Enhanced Compliance:
      Outsourced general counsel can provide ongoing legal guidance to ensure compliance with ever-changing regulations, minimizing the risk of penalties and legal disputes. 
    • Flexibility:
      Businesses can leverage outsourced counsel for both short-term projects and ongoing legal support, avoiding the need to hire and train permanent staff. 
    • Access to Specialized Expertise:
      Outsourced general counsel can provide specialized legal expertise tailored to the business’s specific industry, saving time and money by avoiding the need to hire multiple specialists. 

 

 

Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses in a variety of matters. We are experienced Texas civil transactional attorneys based in Fort Worth who know Texas businesses and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.

Martindale AVtexas[2]

New ‘Digest of EEO Law’ Issued By EEOC

Includes Key Federal Sector Decisions and Special Article on National Origin Discrimination

WASHINGTON — The U.S. Equal Employment Opportunity Commission (EEOC) today announced that the newest edition of the federal sector Digest of Equal Employment Opportunity Law (EEO Digest) is now available online.

The EEO Digest, a quarterly publication prepared by the EEOC’s Office of Federal Operations (OFO), features a wide variety of recent Commis­sion decisions and federal court cases of interest. This particular edition includes summaries of note­worthy decisions issued by the EEOC on subjects such as Attorneys’ Fees, Compen­satory Damages and Remedies.  It also includes an article addressing national origin discrimination.

“Given the ethnically diverse nature of the current workforce, it is important for agencies to recognize that all employees and applicants, no matter what country they are from or ethnic group they belong to, are entitled to a workplace free from discrimination,” said Carlton M. Hadden, director of the EEOC’s Office of Federal Operations (OFO).  “This article will assist stakeholders in their efforts to prevent national origin discrimination.”

The Digest includes hyperlinks so stakeholders can easily access the full decisions that have been summarized.

The summaries are neither intended to be exhaustive or definitive as to the selected subject matter, nor are they to be given the legal weight of case law in citations. In addition to the quarterly Digest, Commission federal sector decisions are available on the EEOC’s website.

The public may also receive federal sector information updates and news items via GovDelivery and Twitter.  The EEOC enforces federal laws prohibiting employment discrimination in the public and private sectors. Further information about the EEOC is available online at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.

See article at https://www.eeoc.gov/newsroom/new-digest-eeo-law-issued-eeoc-25

 

Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.

Martindale AVtexas[2]

The Time Notice Rule in Slip and Fall Defense Litigation in Texas

The mere fact that a store employee is simply in close proximity to a dangerous or hazardous condition does not replace what is called in Texas, “the time-notice rule”. Constructive knowledge of a dangerous condition can be shown by proof that the dangerous or hazardous condition in dispute had existed for a reasonably long enough period of time  that the premises owner reasonably should have discovered it. This is known as the “time-notice rule,” and the Texas Supreme Court has repeatedly held that “temporal evidence best indicates whether the owner had a reasonable opportunity to discover and remedy a dangerous condition.” As the Texas Supreme Court stated in Wal-Mart Stores, Inc. v. Reece, 81 SW.3d 812, 816 (Tex. 2002):

An employee’s proximity to a hazard, with no evidence indicating how long
the hazard was there, merely indicates that it was possible for the
premises owner to discover the condition, not that the premises owner
reasonably should have discovered it. Constructive notice demands a more
extensive inquiry. Without some temporal evidence, there is no basis upon
which the factfinder can reasonably assess the opportunity the premises
owner had to discover the dangerous condition.

Without the time related requirement of the, owners of real property could be subject to strict liability claims for any dangerous or hazardous condition on the premises, which would be in itself unreasonable.

Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.

Martindale AVtexas[2]

Texas Deposition Witness Takes Oath Seriously

LAWYER: Now sir, I’m sure you are an intelligent and honest man–
WITNESS: Thank you. If I weren’t under oath, I’d return the compliment.

 

Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.

Martindale AVtexas[2]

ATTORNEY JAMES L. WILLIAMS NAMED 2017 TOP ATTORNEY BY FORT WORTH MAGAZINE

Williams, McClure & Parmelee
Press Release Fort Worth
November 17, 2017

Williams, McClure & Parmelee is pleased to announce that Attorney James L. Williams has again been recognized by his peers and awarded the “Top Attorney” Rating by Fort Worth Magazine for 2017.  Jim will be attending a Reception honoring Tarrant County’s  Top Attorneys at the Fort Worth Club on November 28th.

2017 Ft Worth Top Attorney

 

Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.

Martindale AVtexas[2]

Slip and Fall Defense Litigation in Texas: The Time Notice Rule

The mere fact that a store employee is simply in close proximity to a dangerous or hazardous condition does not replace what is called in Texas, “the time-notice rule”. Constructive knowledge of a dangerous condition can be shown by proof that the dangerous or hazardous condition in dispute had existed for a reasonably long enough period of time  that the premises owner reasonably should have discovered it. This is known as the “time-notice rule,” and the Texas Supreme Court has repeatedly held that “temporal evidence best indicates whether the owner had a reasonable opportunity to discover and remedy a dangerous condition.” As the Texas Supreme Court stated in Wal-Mart Stores, Inc. v. Reece, 81 SW.3d 812, 816 (Tex. 2002):

An employee’s proximity to a hazard, with no evidence indicating how long
the hazard was there, merely indicates that it was possible for the
premises owner to discover the condition, not that the premises owner
reasonably should have discovered it. Constructive notice demands a more
extensive inquiry. Without some temporal evidence, there is no basis upon
which the factfinder can reasonably assess the opportunity the premises
owner had to discover the dangerous condition.

 
Without the time related requirement of the, owners of real property could be subject to strict liability claims for any dangerous or hazardous condition on the premises, which would be in itself unreasonable.

Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.

Martindale AVtexas[2]

Texas Supreme Court Says EEOC Owes $4.7 Million to Trucking Company for Attorneys Fees

SCOTUS Says EEOC Owes Trucking Co. $4.7M

 

May 24, 2016

After the EEOC’s sexual harassment class action lawsuit against CRST Van Expedited was thrown out, the trucking firm sued for $4.7 million in legal fees. Last week the Supreme Court unanimously agreed that the federal agency must pay the fees, overturning an Eighth Circuit Court of Appeals ruling. In 2007 the EEOC sued CRST on behalf of 250 female truck drivers who claimed they were sexually harassed at work. A district court dismissed all the claims, saying the EEOC had not adequately investigated the claims, nor attempted to conciliate its claims before filing the suit. The Eighth Circuit upheld the lawsuit’s dismissal, but said since claims were dismissed without a ruling on the case’s merits, CRST could not recover fees. The Supreme Court sent the case back for review, saying a favorable ruling on the merits of a case is not a necessary requirement to find that a defendant is a prevailing party.

Read the full article at:

http://www.thegazette.com/subject/news/business/supreme-court-rules-for-crst-in-legal-fee-case-20160519

 

Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Fort Worth, Texas civil litigation attorneys in Tarrant County who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.

Martindale AVtexas[2]

Grace Period for Texas Employers Without Workers’ Compensation Insurance Coverage–Texas Non Subscriber Defense Attorneys

The Texas Department of Insurance, Division of Workers’ Compensation (DWC) is providing a grace period for employers without workers’ compensation insurance coverage or that terminated their coverage (non-subscribers) to report their non-coverage status to DWC without penalty. This grace period also extends to non-subscribers with five or more employees that have not previously reported on-the-job injuries, illnesses, and fatalities to DWC. Historically, non-subscriber reporting rates are low, and DWC is offering this grace period to increase compliance with required state reporting. This grace period allows non-subscribers that have not previously reported their non-coverage status, to submit the DWC Form-005, Employer Notice of No Coverage or Termination of Coverage (DWC Form-005), without an administrative penalty during the February 1, 2016, through April 30, 2016, reporting period.

Additionally, this grace period also allows non-subscribers with five or more employees that have not previously reported their injuries, illnesses, and fatalities, to submit the DWC Form-007, Employer’s Report of Non-Covered Employee’s Occupational Injury or Disease (DWC Form-007) without an administrative penalty for injuries, illnesses, and fatalities occurring on or after May 1, 2016. By law, non-subscribers must annually notify DWC of their decision not to obtain workers’ compensation insurance coverage by submitting the DWC Form-005 and must also report each onthe-job injury, occupational illness, or fatality resulting in more than one day of lost time to DWC by filing DWC Form-007. Nonsubscribers that fail to comply with state requirements are subject to administrative penalties. Non-subscribers can file the DWC Form-005 with DWC online, by fax, or by mail. The DWC Form-007 may be filed by fax or by mail. Non-subscriber Reporting Requirements A non-subscriber must file the DWC Form-005, Employer Notice of No Coverage or Termination of Coverage to DWC:  between February 1 and April 30 each year;  within 30 days of hiring its first employee; or  within 10 days of DWC’s request. Non-subscribers with five or more employees must report each fatality, occupational disease, and onthe-job injury that results in more than one day of lost time to the DWC.

Non-subscribers must submit the DWC Form-007, Employer’s Report of Non-Covered Employee’s Occupational Injury or Disease to the DWC within the seventh day of the month following the month in which:  the death occurred;  the employee was absent from work for more than one day as a result of the on-the-job injury; or  the employer acquired knowledge of the occupational disease. Additional information on non-subscriber reporting requirements is available on the TDI website  at www.tdi.texas.gov/wc/employer/index.html.

 

 

Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Fort Worth, Texas civil litigation attorneys in Tarrant County who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.

Martindale AVtexas[2]