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Employment Law

Federal wage-and-hour law to cover home health aides

10/07/2013
The DOL has announced final rules extending FLSA minimum wage and overtime protections to most workers who provide home care assistance to elderly, sick and disabled people. The rules will go into effect Jan. 1, 2015.

Victim’s racy conduct won’t cancel harassment

10/04/2013
You may think that a female em­­ployee who admitted to bringing a naked photo to work and showing it around couldn’t later complain when she became the target of sexual harassment. You would be wrong.

After FMLA, how much can the job change?

10/03/2013

When an employee returns from absences covered under the FMLA, he or she is entitled to be given “the same or an equivalent position.” But what counts as an equivalent position? As a series of recent court rulings show, minor alterations to a job—such as a change in duties or starting time—can sometimes support an employee’s claim of FMLA interference.

Can we require overtime work?

10/02/2013
Q. When our business gets busy, is it legal for us to require our nonexempt employees to work overtime on occasion?

How state’s new trade-secret law protects Texas businesses

10/02/2013
The Texas Uniform Trade Secrets Act (TUTSA) took effect on Sept. 1. Trade secrets have long received protection under Texas common law. However, TUTSA gives companies additional safeguards and expands the legal remedies to address harm when a former employee misappropriates trade secrets.

Austin F.D. stops hiring after EEOC claims testing bias

10/02/2013
The Austin Fire Department has stopped hiring candidates from its 2012 candidate list now that the EEOC has declared that its hiring test discriminated against black and Hispanic candidates. The EEOC pointed to disparities in pass rates between the groups.

EEOC: Employer made biased bed, may have to lie in it

10/02/2013
Mattress Firm, a Houston-based bedding retailer, faces charges it discriminated against older workers at its Las Vegas stores. The EEOC has filed suit against the company after efforts to mediate the case failed.

In Laredo, employer pays for miscarriage of justice

10/02/2013
Laredo-based Platinum PTS will pay a former employee $100,000 to settle charges it violated the Pregnancy Discrimination Act. According to her complaint, the former employee was fired after she asked for time off following a miscarriage.

Interview performance can be the hiring tiebreaker

10/02/2013
When several qualified candidates are in the running for a job, you can use interview performance as the deciding factor. Just make sure interviewers note their specific reasons why one applicant seemed better than the others.

Former employee sues? Check bankruptcy filings

10/02/2013
It’s always a good idea to check to see whether an employee who is suing you has filed for bankruptcy. If he didn’t disclose the litigation against your company, he may lose the right to sue.