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Employment Law

Ban on ‘Union Yes’ Button Isn’t Free-Speech Violation

11/01/2006

Texas public employers have broad rights to prohibit certain kinds of speech in the workplace, but those rights aren’t unfettered …

Review job contracts carefully after a merger

11/01/2006

In this age of mergers and acquisitions, it’s increasingly common for employees to find themselves employed by a different entity almost overnight. When such changes take place, the new organization will often rewrite employment contracts or noncompete and trade-secret agreements to reflect the new employment reality. If you do update and rewrite such employment contracts, be sure to include a statement that the agreement is the entire understanding between the parties. If you don’t, you may find your organization also bound by the terms of any earlier agreement …

Study: Good-Looking people suffer a ‘Beauty penalty’ at work

11/01/2006

Studies in the past have shown that attractive people generally earn a "beauty premium." That is, they earn more money, enjoy better performance reviews and people view them as being more intelligent and trustworthy. But according to a recent study published by Rice University, those studies may have it wrong …

Texas workers’ comp offices aim to handle complaints faster

11/01/2006

The Texas Department of Insurance (TDI), Division of Workers’ Compensation, recently changed its complaint resolution process by going paperless. To improve its response time to complaints, the workers’ comp office will begin using an automated workflow system …

Discrimination lawsuit by lesbian nurse fails in court

11/01/2006

A federal judge in the Northern District of Texas recently dismissed a Title VII discrimination lawsuit brought by a lesbian nurse who claimed that she was fired because of her sexuality and appearance …

Rethink noncompete contracts after big Supreme Court ruling

11/01/2006

A significant Texas Supreme Court decision handed down last month makes it easier for employers to write and enforce noncompete agreements in Texas. The ruling, ASM v. Johnson and Strunk & Associates, provides important protection for businesses that want to use noncompete agreements to limit unfair competition from former employees …

Layoff choices: Focus on performance, not just salary level

11/01/2006

Nothing triggers age discrimination lawsuits like a layoff. After all, saving money is a primary consideration in most decisions to downsize. And because long-term employees are often paid more than newer employees, organizations that focus on money often end up with layoff lists heavy with post-40-year-olds. That’s a recipe for an Age Discrimination in Employment Act lawsuit …

Use snail mail, not e-mail, to file unemployment appeal

11/01/2006

While it may seem convenient to use e-mail to file appeals of unemployment compensation decisions, be aware of this risk: If the Unemployment Compensation Board of Review doesn’t receive your e-mail, your appeal will be rejected when the 15-day appeal period expires …

Employees can hold you to oral pay promises under Pa. law

11/01/2006

Here’s a reason to be extra careful about what you say to employees regarding their pay: The Pennsylvania Wage Payment and Collection Law (WPCL) gives employees a way to collect on employers’ promises about wages, even if those promises were never put in writing …

Prepare to justify answers with solid business reasons

11/01/2006

While many employees view a transfer to a different location as a positive career move, others don’t see it that way. Some employees may assume discrimination in what your organization thinks of as normal career development …