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Employment Law

Check for retaliation before disciplining employee who requested ADA accommodations

05/06/2009

Do you have a manager who wants to discipline an employee who just requested a reasonable accommodation under the ADA? Before you approve the discipline, make sure the manager can document past problems or that the discipline is warranted based on a serious rule infraction that has happened since the request.

Use your solid records to counter employee’s claim of discriminatory treatment

05/06/2009

The difference between winning lawsuits and losing them often comes down to good record-keeping. When an employee sues for discrimination, for example, a solid discharge reason will trump the allegations unless the employee can show it was false or that others weren’t discharged for similar problems.

Firing suspected thief? Don’t broadcast the reason

05/06/2009

Employee theft is a huge problem, and employers are sometimes tempted to make an example of a thief. They hope to discourage other employees from stealing. It’s a bad idea, because the alleged thief may sue for defamation. Instead, keep the information as confidential as possible.

Texas Supreme Court upholds noncompete agreement

05/06/2009

Texas courts ordinarily reject noncompete agreements that require employees not to disclose confidential information if the employer has failed to provide the employee with that confidential information. But now the Texas Supreme Court has modified that stance.

Brownsville twins guilty in visa fraud scheme

05/06/2009

A federal jury has convicted twin brothers from Brownsville of conspiring to obtain fraudulent work visas in exchange for payment. The jurors handed down guilty verdicts against Alberto and Bernardo Pena for obtaining visas for immigrants from India in exchange for at least $20,000 per visa.

Houston, we have a problem: $2.5 million for OT violations

05/06/2009

A Houston manufacturing company has paid $1.6 million in back wages to 1,751 employees after a federal investigation revealed the company violated the federal overtime labor law.

Hey, look, we’re on TV! Better fire that guy!

05/06/2009

The U.S. Department of Labor has settled with Triple B Cleaning, a Houston company, that it claims illegally fired an employee who had complained about workplace safety issues to local news media.

$108,000 OSHA penalty for manufacturing company

05/06/2009

OSHA has announced that a Texas manufacturer faces $108,000 in proposed penalties for failing to abate safety violations after a worker died from an electrical shock. In January 2008, OSHA flagged six violations against JD Manufacturing, doing business as Arrow Waste.

Latest IRS COBRA guidance has some surprises for employers

05/06/2009

Employers now have an answer to their single biggest and most vexing question about the elaborate new federal subsidy arrangement under COBRA, but it may not be the answer they were hoping for or expecting.

How can we assess a worker’s alleged learning disability? Do we have to pay for it?

05/06/2009

Q. What kind of documentation can an employer request to verify a worker’s contention that he suffers from a learning disability that requires accommodation? Must we pay for the evaluation?