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Employment Law

Workplace stats can help disprove discrimination intent

12/01/2006

Nothing rankles employers more than being accused of discrimination when the statistics show that their workplace is a model of diversity and equal opportunity. You can turn those statistics in your favor …

Putting more weight on interview isn’t pretext for bias

12/01/2006

Employers that use a hiring committee to decide between candidates can put more emphasis on interview performance as a factor in the selection process. That’s true even if assessing how a person interviews is somewhat subjective …

Remark on religious fervor isn’t proof of biased motive

12/01/2006

It’s almost never wise to comment on an employee’s religion or religious practices. But take heart in a new ruling that shows not all inappropriate comments will be deemed discrimination …

Foil state bias claims by checking the calendar

12/01/2006

Texas employees have 180 days after an alleged discriminatory act to file discrimination charges with the Texas Commission on Human Rights. So, you can get a charge tossed out if you can prove it was filed more than 180 days afterward. But what counts as a “discriminatory act”?…

BP settles lawsuit stemming from Texas City refinery explosion

12/01/2006

A 22-year-old woman whose parents were both killed in the 2005 Texas City refinery explosion that killed 15 people settled her civil lawsuit against BP PLC on the eve of the trial …

Election results may foreshadow change for Texas employers

12/01/2006

The new Texas House of Representatives will hold five more Democrats than it did the last session, although the Republicans remain in clear control. That means any legislation that seems anti-business—including bills affecting employers—will continue to face tough sledding in the Texas legislature …

The new pension reform law: What it means to you

12/01/2006

In August, President Bush signed the Pension Protection Act of 2006, which includes many benefits-related amendments to the Internal Revenue Code and the Employee Retirement Income Security Act (ERISA) …

How to pay hourly workers for weekend travel time

12/01/2006

Q. How do you pay hourly employees who are traveling on a day that’s not considered a workday, like Saturday or Sunday? What if they normally have a 10-minute commute to the office but instead they have to go to the airport, and the airport is an hour from their home?

Should we require harassment claims be in writing?

12/01/2006

Q. Our new plant manager wants me to revise our sexual harassment policy to require that complaints be in writing. He says this will formalize the procedure and help ensure that only valid complaints are filed. I don’t think this is a good idea. Is it?

Injured worker can collect workers’ comp and sue

12/01/2006

Q. One of our employees badly hurt himself when he tripped over some equipment that had been left by the building maintenance. Workers’ comp covered his medical bills and lost wages, but he also sued the building for negligence. Now we have a letter from the office building demanding that we defend them in the lawsuit and telling us we are responsible. How can that be? I thought we were protected by workers’ comp from any suit involving an employee injury?