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Employment Law

You can require early involuntary FMLA leave

07/31/2015
Do you have an employee with a serious health condition you cannot accommodate? You can insist that she take FMLA leave. There is no legal requirement to go along with her suggestions for elaborate and expensive accommodations that might let her continue working.

What are the ‘off-the-clock work’ trouble spots?

07/30/2015
Q. Some of my employees have been griping that a portion of their job duties involves “off-the-clock” work. What are the rules regarding off-the-clock work, and what are some examples?

When can we search employees’ lockers?

07/29/2015
Q. An alarming amount of cash and inventory has gone missing from my retail store. I have also smelled odor of illegal drugs in the store. Am I authorized to search employees’ lockers for cash, inventory and drugs?

New challenge for Texas employers: Transgender employees’ restroom rights

07/29/2015

Time was when an employer’s only preoccupation with restrooms was whether the cleaning crew was keeping them stocked with soap, towels and toilet paper. Enter the new reality: Federal agencies and lesbian, gay, bisexual and transgender (LGBT) rights groups are contending that transgender employees should be given the right to choose between restrooms having an “M” or a “W” on the door.

David beat Goliath, employers sometimes beat the DOL!

07/29/2015
A Texas company has been awarded attorneys’ fees as compensation for aggressive DOL tactics.

Unspecified commission? Jury decides who to believe

07/29/2015
For jobs based on written employment contracts, what the agreement says typically governs all the terms and conditions of employment. If something is unclear or unstated, what the parties do later likely will influence eventual judicial interpretation.

1st Amendment free-speech rights extend to government contractors, too

07/29/2015
Contractors performing work for governmental agencies are protected by the First Amendment right to free speech as if they were public employees.

Confidentiality conundrum: Can you reveal complaint in order to stop sexual harassment?

07/29/2015
What should you do when a male employee claims his co-workers are sexually harassing him? You can’t just ignore the complaint simply because it came from a man. But should you discuss the complaint with the co-workers and ask them to stop if they are engaging in harassment? Wouldn’t that make matters worse?

1st Amendment protects government employees

07/29/2015
Public employees have the right to free speech, and they’re free to support any political candidate they want—even when they oppose their bosses who are running for office.

San Antonio restaurants must pay $500K for cooking books

07/29/2015
San Antonio-area China Sea restaurants got burned when investigators from the U.S. Department of Labor’s Wage and Hour Division (WHD) found the company maintained two sets of books, one showing them in compliance and one telling the true story.