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Employment Law

How to comply with New York’s new Military Spouse Leave Law

01/01/2007

In August 2006, Gov. George Pataki signed New York’s new Military Spouse Leave Law, which allows spouses of deployed military reservists to take up to 10 days of unpaid leave from work each year …

Opting out of workers’ comp? Sky’s the limit on lawsuits

01/01/2007

Texas law doesn’t require employers to carry workers’ compensation insurance, but those who don’t may find the cost far higher than the insurance premiums …

Beware age discrimination risk when offering promotions

01/01/2007

If you don’t ensure that clearly qualified, post age-40 employees aren’t seriously considered for promotions, you could be risking an expensive lawsuit under the federal Age Discrimination in Employment Act …

College degree doesn’t automatically make applicant the better qualified candidate

01/01/2007

In many cases, better-educated applicants are better qualified. But don’t be intimidated into thinking that more education always equals a more qualified candidate …

Even lost opportunity for overtime may be considered illegal retaliation

01/01/2007

After last year’s blockbuster U.S. Supreme Court decision that made it easier for employees to sue for workplace retaliation (Burlington Northern v. White), courts have been trying to figure out how to apply that ruling in real-life situations …

In layoffs, keep FMLA leave out of performance rankings

01/01/2007

Employees are not immune from layoffs simply because they’ve taken FMLA leave in the past (or are currently out on FMLA leave). But when analyzing performance to determine which employees to lay off, keep FMLA leave days out of the decision …

Whistle-Blower claims can be forced into arbitration

01/01/2007

Texas law makes it illegal to discipline health care workers for reporting wrongdoing to authorities. But when such employees feel they’ve been retaliated against for blowing the whistle, they can’t automatically run to court …

Employees Can Sue to Rescind Early-Retirement Offers

01/01/2007

A federal district court judge in Texas recently ruled that an employee may proceed with a lawsuit claiming that he was entitled to rescind his early retirement because his employer misrepresented his pension benefits …

Houston janitors OK contract that expands wages, insurance

01/01/2007

Members of the Service Employees International Union (SEIU) Local 5 recently voted in favor of a three-year collective-bargaining agreement that provides janitors in the Houston area with health benefits and a pay increase …

Can we deduct uniform costs from paychecks?

01/01/2007

Q. We require new employees to buy their top uniform from a uniform company. The uniforms vary depending on the position and have the company’s logo on them. The uniform typically costs between $20 and $45 and is a smock, polo shirt or vest. The employees can deduct that amount from their paychecks or pay for it by personal check or credit card. As the HR manager, I take care of this process for them. Is this procedure legal under Texas law? —D.S.