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Employment Law

NLRB settlement suggests employee Facebook posts are protected

02/08/2011
The National Labor Relations Board has settled with a company that fired an employee for posting negative comments about a boss on her Facebook page. The case seems to signal that employee communications that happen via social media constitute protected activity under federal law. Does your social media policy go too far?

Applicant filed for bankruptcy: Can you refuse to hire him?

02/08/2011

Have you ever thought of not hiring an applicant because he or she had previously declared bankruptcy? Maybe you thought that was discriminatory. But a court last month said, “Don’t worry.” Private employers won’t violate the U.S. Bankruptcy Code if they refuse to hire. But firing based on bankruptcy status is another story …

How long must old paychecks remain ‘live’?

02/07/2011
Q. One of our employees has not cashed a paycheck that we issued to her several months ago. How long are we required to keep the paycheck active?

Does Texas require paid holiday time off?

02/07/2011
Q. Last year, Christmas fell on a Saturday, and one of my employees who normally works Monday through Friday asked me if he would receive an extra day of pay. Are Texas employers required to provide employees with certain paid holidays?

Can I ask about attendance without violating ADA?

02/07/2011
Q. When interviewing prospective employees, will I violate the ADA by asking how many days of work they missed during the past year at their prior jobs?

Houston strip bar peels off $60,000 to settle age bias suit

02/07/2011

The adult entertainment business trades on youthful vitality, but there’s no reason an older worker shouldn’t serve drinks in a strip club. So said the EEOC, which just reached a settlement agreement with the owners of Houston’s Cover Girls strip bar after they fired a 56-year-old waitress.

Humble drilling company to pay $580,000 in back OT

02/07/2011
Unit Texas Drilling has settled a DOL lawsuit that claimed the company stiffed 824 drillers, derrickmen and floor hands out of overtime wages they should have received. Now the company, based in Humble, will make good on its obligations under the FLSA—a total of $579,910.

Vague bias claims won’t get far in federal court

02/07/2011
Some former employees think that filing a federal lawsuit is the best way to build up their bank accounts after being fired. Their complaints are often short on detail. Courts are beginning to toss out those complaints.

Court: Bigger workload could constitute retaliation

02/07/2011
When you warn supervisors not to retaliate against employees who complain about alleged discrimination, include this reminder: Seemingly little things—like increasing the employee’s workload or nit-picking about performance issues—can lead to a retaliation lawsuit.

Applicant has solid work history? That’s a legitimate reason for promotion

02/07/2011
Sometimes, it’s hard to distinguish one applicant from another. That’s especially true for unskilled positions. How do you choose? If one of the factors you use is work history, rest assured it is unlikely your choice will be challenged successfully.