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Employment Law

Employers must wait 3 years to come off OSHA’s SVEP list

02/01/2013
The Occupational Safety & Health Administration has issued a memorandum setting out criteria for removing employers from the Severe Violator Enforcement Pro­­gram (SVEP), the government’s watch list of most dangerous workplaces.

Texas agencies settle with Feds over pay disparities

02/01/2013
The U.S. Department of Justice and the EEOC have an­­nounced a settlement with two Texas state agen­­cies, resolving pay discrimination allegations at a state department that no longer exists.

Employers get to choose cost-cutting moves

02/01/2013

In tight times, employers must explore every cost-saving option. After looking at several ways to balance the budget, you may decide you need to trim the workforce. Don’t be surprised if a laid-off em­­ployee sues.

Insubordinate employee? Track each incident

02/01/2013

Sometimes, it’s clear that un­­less an employee shapes up, she’ll have to be fired. Argu­­men­­ta­­tive, insubordinate employees who balk at even minor requests fall into that category. Carefully document in­­fractions so when termination time comes, you have specific examples.

In Austin, half-baked pay scheme costs dough

02/01/2013
Chuy’s Panaderia Bakery, which oper­­ates two locations in Austin, has agreed to settle charges of failing to pay the federal minimum wage to 101 employees.

DHL will deliver $200K for national-origin discrimination

02/01/2013
Dallas-based DHL Global Forwarding has agreed to pay $201,000 to settle charges that it failed to stop super­visors from harassing Hispanic em­­ployees.

Court: You can demand employee honesty!

02/01/2013
A federal trial court has reaffirmed that employers have the right to expect employees to be truthful. It said it’s fine to punish an employee who was reasonably suspected of dishonesty—even if it turns out the employer was wrong.

Charlotte nursing home settles disability suit

02/01/2013
The company that operates a nursing home in Charlotte will pay a former employee $50,000 to settle charges it failed to reasonably accommodate her depression.

Isolated slur doesn’t justify harassment lawsuit

02/01/2013
Good news for employers worried that a single inflammatory utterance could land them in big legal trouble: Courts generally won’t hold an employer responsible.

When you need to trim workforce, focus RIF criteria on measurable factors

02/01/2013
The key to a successful, challenge-proof reduction in force is using objective, measurable factors to determine who stays and who goes. That greatly reduces the likelihood that a former employee who loses his job to a RIF will win a discrimination case.