The Dallas Hospitality Employment Lawyer Blog

For the past few years ROC United has published a "Diners Guide to Ethical Eating" that purports to rank restaurants based on various criteria, including hourly wages and the availability of paid leave.  Hospitality employers should know there's an app for that. For 2015, ROC United added new features to its app, available for Android and IPhone, including "raising awareness of racial justice issues" and encouraging users to leave on-line reviews. This is yet another method ROC United is using to influence the hospitality industry.

Last week the Texas House passed House Bill 910 (HB 910) which allows residents with concealed handgun licenses to carry their handguns in public, provided they are holstered.  A similar measure passed the Texas Senate last month, and the two bills must be reconciled before Governor Greg Abbott can weigh in.  Under current Texas law, citizens can open carry long guns but not handguns. In its current form, HB 910 requires amendments to no less than twelve statutes, including the Texas Alcoholic Beverage Code, Code of Criminal Procedure, Education Code, Labor Code, Penal Code, Election Code, Family Code, Government Code, Health and Safety Code, Local Government Code, Occupations Code, and Parks and Wildlife Code.   HB 910 legalizes the open carry of handguns (meaning in holsters) for those who, among other things: (i) are legal residents of the State of Texas for the 6-month period preceding the date of an application for an open-carry license; (ii) are at least 21...

Disability accommodations can be challenging when the employee provides no suggestions for a workable accommodation, and the employer is either unfamiliar with the condition to be accommodated or with what could constitute an effective accommodation.   Fortunately, there are a number of excellent, cost-free resources for employers to consult: Job Accommodation Network (www.askjan.org):  this website provides free, confidential technical assistance regarding accommodations.  An employer can search for and learn about a particular disability, as well as review suggested accommodations for that disability.   American Foundation for the Blind (www.afb.org); this website includes suggested accommodations for the visually-impaired. National Association of the Deaf (www.nad.org): this website also includes suggested accommodations for the hearing impaired. Wounded Warrior Project (www.woundedwarriorproject.org): this website includes a publication titled, "Se...

On December 8, 2014, the Plano, Texas City Council voted to expand an existing equal rights ordinance to ban discrimination based on sexual orientation and sexual identity in housing, public accommodations, employment, and city contracting. On January 20, 2015, opposition groups and citizens filed enough petitions to send the ordinance back to the Council to either repeal it or send it to a public vote.  At this time, the City Secretary's office is verifying the signatures.  If and when the signatures are verified, the Council will be required to take action. Fort Worth, Austin, San Antonio, El Paso and Houston have already adopted similar ordinances.

In a Memo issued on December 15, 2014 by the United States Department of Justice, Office of the Attorney General, the government has advised that it now takes the position that Title VII's prohibition against sex discrimination encompasses discrimination based on gender identity, including transgender status. Employers should review their handbook policies and train managers to understand that discrimination against transgendered employees is now actionable under Title VII.

The United States Department of Labor (DOL) is increasing its scrutiny of tip pooling practices.  An inappropriately administered tip pool can result in its invalidation, which can in turn result in liability to the employer for unpaid wages.  To ensure a safe tip pool, consider the following: 1.     Notify employees in writing of the tip credit arrangement.  For example, you can make a notation on the pay stubs, include an acknowledgment in a new hire packet, or post a notice near the time clock.  The key here is to provide adequate notice to employees and retain proof of this notice.   2.     Keep management out of the tip pool.   Remember that only employees who "regularly receive tips" can participate in a valid tip pool.  This usually excludes management-level employees. 3.     For employees who perform tipped and non-tipped jobs (such as an employee who serves as both a waiter and a dishwasher depending...

On July 14, 2014, the Equal Employment Opportunity Commission (EEOC) issued its latest Enforcement Guidance on pregnancy and related conditions.  You can find a copy on the EEOC's website (eeoc.gov).  As expected, the EEOC has taken an expansive view of the protections offered by the Pregnancy Discrimination Act (PDA), and based on its interpretations, many employers may unknowingly be in violation of the law. PDA Refresher Congress passed the PDA in 1978 to clarify that sex discrimination prohibited by Title VII of the Civil Rights Act of 1964 (Title VII) includes discrimination based on pregnancy, childbirth, or related medical conditions.  The PDA requires that pregnant employees be treated the same as non-pregnant employees who are similar in their ability or inability to work. The EEOC's Interpretation of PDA Coverage The EEOC takes the position that the PDA prohibits discrimination based on: current pregnancy; past pregnancy; potential or intended pre...