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Texas

Using tip credit? Beware dangers of requiring work before and after tipped shifts

08/30/2025

Here’s a warning to employers that routinely use a tip credit when compensating tipped employees, but also require them to perform additional work before the beginning of their tipped work and after the tipped part of the day ends.

Bypass progressive discipline if necessary

08/29/2025

Progressive discipline plans are great for correcting the behavior of employees in whom you have invested time and money and getting them back on track. But always leave yourself an “out” for those cases when retaining the worker just doesn’t make sense.

5th Circuit freezes 3 cases while courts consider NLRB’s constitutional status

08/25/2025

A three-judge panel of the 5th Circuit Court of Appeals on Aug. 19 said court orders barring the NLRB from pursuing unfair labor practices cases against SpaceX and two other companies should remain in place while their constitutional challenges are being litigated.

Million-plus settlement for allowing reverse-discrimination talk

08/04/2025

After the Supreme Court’s unanimous decision in Ames v. Ohio Department of Youth Services, it became clear that discriminating against a member of a majority is just like discrimination against a member of a minority group.

Why employers must move fast during accommodation process

06/12/2025

The ADA doesn’t set a time limit for the interactive accommodations process, but assumes everybody will act in good faith. So when the process takes too long, the employee can sue, alleging failure to accommodate. She doesn’t have to lose her job, pay or benefits to do so.

Clear violation of your rules? Courts won’t second-guess disciplinary decision

03/28/2025

You have workplace rules for a reason, and you can require employees to follow them. If someone breaks your rules or violates your policies, feel free to discipline them. As long as you enforce your rules evenhandedly and impose discipline consistently, courts are unlikely to second-guess your decision to punish employees.

Court says DOL can use salary level to determine exempt classification

03/03/2025

The Biden administration’s bid last year to raise the white-collar overtime salary threshold from $35,568 per year to $58,656 is dead, the victim of a series of court rulings that said the Department of Labor overstepped its authority by mandating such a big jump. However, one aspect of the OT threshold process stands.

Expect to pay for ignoring persistent sexual harassment

12/23/2024

Ignoring an employee’s complaints that she was subject to ongoing sexual harassment just cost an employer more than $2 million. The EEOC sued on the employee’s behalf and won the largest damages award it has ever obtained in the Northern District of Texas, among the most conservative federal courts in the nation.

Happy holidays! 8 essential rules for seasonal pay and hiring

11/08/2024

Questions regarding overtime, holiday pay and seasonal hiring often arise this time of year. Here are the eight simple rules you need to know to make this holiday season run smoothly.

Judge enjoins NLRB in-house trial over constitutional challenge

10/10/2024

The Supreme Court ruled that agency trials conducted by administrative law judges appointed by the agency violated the constitutional right to trial by jury. Since then, some employers have questioned the process that agencies like the NLRB use when charging employers with violating laws including the NLRA.