80% Of Employers Will Host A Holiday Celebration in 2016

Tis the season to be merry, and 80 percent of employers are planning to hold a holiday celebration this year, according to Challenger, Gray & Christmas. But the Houston office of national labor and employment law firm Fisher Phillips warns that although this is the time of year when peace and good will reign, employers should beware of liabilities stemming from excessive alcohol consumption or other potential hazards often associated with holiday events.

Fa-La-La-La-Lawsuit

  “While many of us enjoy a little holiday cheer, serving alcohol at a company event can be risky, unless accompanied by some common-sense safeguards” said Kevin Troutman, a Fisher Phillips partner in Houston. “The bottom line is that when you combine alcohol with today’s litigious work environment, you may be asking for trouble.

“Consumption of alcohol lowers inhibitions and impairs judgment, which may lead to bad decisions. Employees’ actions may subject employers to claims of sexual harassment if, for example, a manager gets overly friendly with a co-worker.”

In addition to harassment issues, Fisher Phillips warns that if an employee leaves an office holiday party intoxicated and is involved in an accident, the company may be liable. Also, costly workers compensation claims can pop up if an employee is injured.

Make A List, Check It Twice

 “Preparation and planning are key in ensuring employers avoid coal in their stockings and lawsuits on their desks,” said Troutman. “If this year’s holiday party can’t proceed without the spiced eggnog, employers can still ensure that safeguards are in place.”

• Always serve food if alcohol is available. Be sure and also have plenty of non-alcoholic beverages on hand too.
• Avoid an “open bar” where employees can drink as much as they want. Consider using a drink-ticket system or a cash bar. Holiday parties are meant to celebrate and improve office morale – not to encourage or enable employees to get intoxicated.
• Do not serve alcoholic punch or other beverages that make it difficult to gauge how much alcohol one person consumes.
• Hire professional bartenders and instruct them to discreetly let you know if they feel someone has had too much to drink.
• Schedule parties on a weeknight when employees may be less likely to overindulge.
• Arrange for designated drivers, reduced cab fares or a no-cost rideshare service if employees are obviously impaired by alcohol.

In addition to these tips, Fisher Phillips advises employers to review insurance policies for alcohol-related exclusions and make sure supervisors are up-to-date on policies dealing with harassment. “Without sounding like a Scrooge, it’s important to observe some guidelines to avoid starting the New Year in court,” said Troutman.

Fisher Phillips Reminds Employers of Their Legal Duties to Our Servicemen and Women this Veterans Day

Nearly One Million Veterans in Texas Civilian Labor Force

Veterans Day holds significant importance in Texas, as it leads the nation in employing military veterans with an estimated 926,000 veterans work in civilian jobs, according to the Bureau of Labor Statistics. Texas tops the second leading state, California, by more than 85,000.  

“Despite veterans making up nearly 10 percent of the state’s workforce, many private employers may not be well-versed regarding their legal duties to our vets,” said Kevin Troutman, partner in the Houston office of Fisher Phillips, a national labor and employment law firm. “To comply with the law, employers must be prepared to accommodate former service members who may have disabilities, as well as to reinstate employees who have taken leave to serve our country.”

Accommodate Wounded Warriors

The Americans with Disabilities Act Amendments Act (ADAAA) protects qualified applicants and employees with disabilities from discrimination. It imposes strict confidentiality rules, and requires employers to take affirmative steps to reasonably accommodate disabilities, if the accommodation enables otherwise qualified individuals to perform essential job functions. This requirement encompasses mental impairments, just as it would a veteran with a prosthetic limb or who is hard of hearing.

According to Troutman, companies are seeing an uptick in accommodation requests from veterans with Post-Traumatic Stress Disorder.  Such requests may include schedule modifications, measures to help individuals avoid bright lights and loud noises, or possibly the allowance of a comfort animal. The ADAAA requires accommodation determinations to be made on a case-by-case basis and to be granted when they would enable the individual to perform essential job functions without imposing an undue hardship on the employer.

Reinstate Returning Veterans

The Uniformed Services Employment and Reemployment Rights Act (USERRA) provides important, detailed protections for returning service members. The law requires employers reinstate veterans who leave for training or to serve in uniformed services once they complete their service. This protection extends up to five years after the employee reports for duty.

To qualify for reinstatement, the employee must have honorably completed his or her service assignment, which could have been training, deployment or a full discharge from uniformed service.  Employers must timely reinstate veterans to the positions they would have held if they had never taken military leave, which may include pay increases or promotions they would have received if not for their service. Additionally, employers must provide a refresher or other trainings that would have been furnished if not for the leave.

Not only is reinstatement required, but employers cannot terminate reinstated service members without cause during the first 6-12 months, depending upon the length of their absence for service. Further, employers cannot discriminate on the basis of an individual’s uniformed service or retaliate against employees for asserting these rights.

“Though the vast majority of employers have every intention of respecting and honoring our service men and women, these scenarios can present some obstacles, especially during difficult economic times,” said Troutman.  “To protect themselves and to honor these heroes, it is important for employers to understand their obligations in these various scenarios. It’s not only the smart thing to do – it’s the right thing do.”

Stephen J. Roppolo and Teresa Valderrama in the Houston Office Received this Honor

Fisher Phillips announced today that five Texas attorneys have been selected for inclusion in 2016 Texas Super Lawyers® list: Michael V. Abcarian, Bob Kilgore, Arthur V. Lambert, Stephen J. Roppolo and Teresa S. Valderrama. Fisher Phillips is a national management-side labor and employment law firm.

Super Lawyer selections are based upon independent research and peer nominations from the Thomson Reuters-owned publication. Recognition in Super Lawyers demonstrates an exemplary degree of respect and professional achievement the lawyer has earned from peers, with no more than 5 percent of attorneys in Texas selected to appear on the list.

Abcarian, the managing partner of the Dallas office, has been included on the Texas Super Lawyers® list for 12 consecutive years. He has more than 35 years of experience in all phases of labor and employment law, and has not lost a lawsuit in more than 20 years. He has handled hundreds of lawsuits ranging from large class actions to individual plaintiff cases.

It is the third consecutive year that Kilgore, a San Antonio attorney, has received this recognition. For more than 30 years, he has successfully represented Texas employers in claims involving discrimination, benefits, compensation and non-competes/trade secrets. This includes federal and state court litigation and administrative proceedings.

Lambert, a Dallas partner, has received this recognition for 11 consecutive years. He has represented employers in all aspects of labor and employment during his 27-year career. Lambert regularly counsels and litigates employment law matters involving sexual harassment, discrimination, wrongful termination and non-competition disputes.

Roppolo, the managing partner of the Houston and San Antonio offices, is a seasoned veteran with more than 25 years of experience in labor and employment law. He has represented employers in matters of sexual harassment, discrimination, defamation, breach of employment contract and non-competition/trade secret disputes.

This marks the 13th consecutive year that Valderrama, a Houston-office partner, has been honored. Over her 27-year career, she has assisted employers in everything from internal corporate investigations to courtroom defense of class actions and discrimination claims. Her experience includes trade secret litigation and defense of whistleblower claims.  

Collin G. Warren and Pamela D. Williams Join the Firm as Partners 

Fisher Phillips announced today it has nearly doubled the number of attorneys in its Houston office in just six months with the addition of Collin G. Warren and Pamela D. Williams as partners and Ehsan Tabesh as an associate, bringing the total number of Houston attorneys to 11. The national management-side labor and employment law firm plans to continue expanding in Texas and solidify its position as a leading law firm for employers in the state. Currently, the firm has three Texas offices, located in Houston, Dallas and San Antonio.

“The recent additions of two new partners and an associate reflect our commitment to strengthen the firm’s presence in Houston and attract distinguished lawyers to the firm,” said Stephen J. Roppolo, managing partner of the firm’s Houston and San Antonio offices. “We are dedicated to recruiting superior talent who will benefit our firm and our clients. Collin’s outstanding record in workplace safety matters and in employment litigation, combined with Pamela’s extensive experience handling complex litigation, class actions and non-compete agreements, will do just that.”

Warren comes to Fisher Phillips with 15 years of legal experience defending clients in matters ranging from workplace safety and general labor and employment disputes to complex commercial litigation. He has successfully represented employers in state and local courts, as well as in front of government agencies, including the Occupational Safety and Health Administration (OSHA) and the Equal Employment Opportunity Commission (EEOC). He also has achieved success in representing employers in arbitration, workers’ compensation and non-subscriber claims. He received his Bachelor of Science degree from Texas A&M University and his law degree from South Texas College of Law. He has been recognized on the list of “Texas Rising Stars” by Texas Super Lawyers and as one of “Houston’s Top Lawyers” by Texas Magazine. He is licensed to practice in Texas.

Williams brings to the firm extensive experience acquired during her 24 years practicing law. She is board certified in Labor & Employment Law by the Texas Board of Legal Specialization and represents employers in all aspects of labor and employment law, frequently handling complex litigation and class actions. Williams’ vast experience in matters involving non-compete agreements, age and sex discrimination, disability accommodations, and wage and hour practices has made her a highly sought-after attorney. She has represented clients in a wide-range of sectors, including government entities, health care organizations, retailers and manufacturers in local and state courts, as well as before federal agencies. She received her Bachelor of Arts degree from Vassar College and her law degree from the University of Houston Law Center, and she is licensed to practice in Texas.

Tabesh comes to Fisher Phillips with five years’ legal experience. He has represented employers in all aspects of labor and employment matters in state and federal courts, before federal agencies and in arbitration involving employment and complex commercial disputes. In addition, Tabesh is well-versed in matters of class action litigation. He received his Bachelor of Arts degree from the University of Minnesota and his law degree from the University of Virginia. He is licensed to practice in Texas, California and Washington DC.

Nearly 2.1 Million Americans are Addicted to Opioids

Opioid Abuse Costs Employers More Than $25 Billion Annually

Abuse of prescription opiates, otherwise known as opioids, which includes oxycodone, hydrocodone, morphine and codeine, is spreading across America. Nearly 2.1 million Americans are addicted to opioids according to statistics from the Department of Health and Human Services. Kevin Troutman, a partner in the Houston office of Fisher & Phillips, a national management-side labor and employment law firm, warns that the spread of opioid abuse could significantly impact employees who suffer from addiction and their employers.

 “According to the Centers for Disease Control, the greatest impact of opioid abuse is seen in people ages 25 to 64, which comprises the majority of the workforce,” said Troutman. “Further adding to employers’ concerns is the impact that opioid abuse can have on employers’ bottom lines, which has been estimated by some to run more than $25 billion annually.”

The increased prevalence of opioid abuse in the past decade has prompted the Obama administration to request an additional $1.1 billion from Congress to combat prescription painkiller and heroin abuse.

“Opioid abuse is not only a government issue.  It is also one that employers must face,” said Troutman. “Employees who are impaired by opioids can create problems ranging from ruining client relationships, to injuring others while driving or operating machinery. Employers should take action to minimize the risk of such incidents, and they should tackle the issue of lost productivity.”

According to Troutman, employers should provide employees with information on opioid abuse and programs to help them overcome addiction. Employers should also implement drug testing policies that address opioid use and abuse. Below is Troutman's R_x for combating opioid addiction in the workplace:

1. Expand Testing – Most employers use the standard five-panel test that detects commonly used illegal drugs. This test does not detect semi-synthetic opioids like oxycodone that are legal with a prescription. As opioid abuse continues to rise, employers should consider implementing drug tests that detect the use of legally prescribed medicine such as benzodiazepines, oxycodone and methadone, and possibly hydromorphone or fentanyl, all commonly prescribed opioids. Employers should determine what may prompt the decision to drug test employees. Will the company institute random testing? Are managers trained to spot symptoms of drug abuse? Can a manager request that an employee be tested when they believe it is warranted? Employers should share these policies with employees and include the policies in their employee handbooks.

2. Review Results – Enlist the services of a licensed, independent medical review officer (MRO) to receive and review drug test results. A good MRO plays a vital role in establishing and maintaining the integrity of the testing process. They also serve as a resource when determining drug-testing practices.

3. Develop Policies – Develop appropriate drug policies. Policies should:

• State that all employees who are taking over-the-counter or prescription medicine are responsible for consulting their physician or pharmacist about whether the medication could interfere with the safe performance of their job.
• Explain that if an employee is using any medicine that could impair their senses or otherwise endanger the safety of anyone in the workplace, the employee mustnotify a supervisor or company physician, and either take time off or request a change in duties to avoid potentially unsafe situations.
• Ban the illegal or unauthorizeduse of prescription medicine and state that misuse of prescription medicine represents a serious violation of company policy and could result in termination.
• Protect the privacy and dignity of everyone being tested

4. Prepare Employees – Prepare the workforce for the roll out of any changes to the company’s drug testing procedures. Employers should inform employees of the changes; explain why they were made, such as to test for legally prescribed medications (use of statistics and data are recommended when justifying these changes to employees); stress that test results will be handled confidentially and reviewed by a limited number of people; and provide employees with educational materials on opioids and programs to combat opioid abuse. Supervisors should receive additional training on the new procedures and be prepared to answer employees’ questions.

Troutman recommends employers develop a plan to address opioid abuse now, before left with a lawsuit after an impaired employee injures himself or someone else.