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Employment Law

Insubordination policy trumps progressive discipline

10/01/2006

Many employers who have progressive discipline and no-fault attendance programs believe they must stick to progressive discipline for every attendance infraction. But that’s not so …

Hostile work environment depends on nature of job

10/01/2006

Some jobs are more difficult than others, and employees who choose to work in tough fields may have to develop a thicker skin. When it comes to deciding whether a work site fosters a "hostile work environment," courts typically decide whether harassment is objectively abusive based on the circumstances of the worker’s job …

Opting out of workers’ comp? You risk negligence lawsuit

10/01/2006

The federal Employee Retirement Income Security Act (ERISA), which regulates employee benefit plans, usually covers employees’ claims related to their benefits. However, Texas employers who opt out of the state workers’ compensation program may receive a nasty surprise …

No immigration papers = No unemployment check

10/01/2006

Texas employers who fire employees for failing to comply with federal immigration laws needn’t fear that doing so will mean that the employees can later collect unemployment compensation payments. When employees are terminated because they have not provided work authorization papers, you can protest the unemployment application on the basis of "misconduct"…

Outsourcing training? You’ll still pay for injuries

10/01/2006

If you outsource employee training programs that include self-defense or other physically demanding work, be aware that the waivers signed by your employees may mean you will have to pay for any injuries …

Federal contractors: Make sure you’re paying prevailing wages

10/01/2006

A recent U.S. Labor Department action shows how aggressively the federal government is going after employers who don’t follow the letter and spirit of the Service Contract Act. The law requires employers that perform services on federal contracts to pay service employees no less than the wages and benefits prevailing in the locality …

Labor Department settles bias claim against Irving firm

10/01/2006

McCormick & Co., Inc. recently agreed to pay $300,000 in back pay and interest to settle allegations that the company discriminated against female job applicants at its facility in Irving, Texas. As part of the settlement, the company also agreed to hire 27 female applicants for production worker positions …

Jiffy Lube managers win back pay in overtime case

10/01/2006

Heartland Automotive Services agreed to settle a class-action lawsuit brought by 239 Jiffy Lube managers. They alleged the company denied them overtime, violating the federal Fair Labor Standards Act (FLSA) and state overtime laws …

New workers’ comp rules on medical peer reviews

10/01/2006

The Texas Workers’ Compensation Commission recently adopted new rules to clarify the qualifications and functions of designated doctors and peer reviewers in the Texas workers’ comp system …

Go After ‘In-House Hackers’ Using State and Federal Law

10/01/2006

The so-called paperless society ushered in by the computer age may mean fewer file cabinets and storage rooms full of paper records, but storing company records on hard drives has its own set of problems …