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Texas

AFL-CIO opposes banning deductions for PAC funding

05/01/2013
The Texas chapter of the AFL-CIO is opposing a bill introduced in the state House of Representatives that would criminalize payroll deductions for contributions to political action committees.

Take heart! DOL doesn’t win every case

05/01/2013
A company that contracted to provide gate attendants for oil fields has won its battle with the DOL over whether the workers are em­­ployees or independent contractors. The decision represents a big loss for the DOL, which sought repayment of more than $6 million in back wages—and has engaged in a nationwide campaign to force more employers to recognize independent contractors as employees.

Beware misclassifying inside sales staff

05/01/2013
Do you have employees classified as inside sales employees? If so, you may be courting trouble unless you are absolutely sure they qualify for the exemption. That’s especially true if you also don’t track any extra hours they work.

What are the details on new FMLA changes?

04/03/2013
Q. Are we required to put up a new FMLA poster? Did the DOL recently make other FMLA changes we need to know about?

On the DOL’s regulatory horizon: WHD rules, ‘right to know’

04/03/2013

The most recently released regulatory agenda of the DOL focuses on three major areas: 1. A “plan/prevent/protect” strategy that seeks to achieve compliance with workplace laws each and every day. 2. A departmental commitment to openness and transparency. 3. Reducing employee risk.

Feds seek more than $1 million from San Antonio restaurants

04/03/2013
The U.S. Department of Labor’s Wage and Hour Division is seeking a fortune in fortune cookies from three San Antonio-area China Sea Restaurants after an investigation revealed massive minimum wage, overtime and recordkeeping violations.

Frisco car wash cleans up act, pays employees back

04/03/2013
Genter’s Detailing in Frisco, Texas, has agreed to pay $22,345 to its employees follow­ing a DOL Wage and Hour Division investigation. The in­­vestigation revealed that the car wash and auto detailer regularly reduced the wages of 53 current and former employees by $200 to $400 for costs allegedly associated with damage to vehicles under their care.

New restaurant owner finds predecessor cooked the books

04/03/2013

Three lessons from a pending lawsuit in Dallas: 1. If your employees work overtime, pay them for it. 2. Don’t falsify records to cover your tracks. 3. Don’t sell your business to some­­one who is suing you for stiffing them out of overtime.

Crack down on retaliation: Your #1 risk in job-bias lawsuits

04/03/2013
Supervisors in your organization probably know it’s illegal to discriminate based on race, age, sex, religion or disability. But apparently far fewer realize those same federal laws also make it illegal to retaliate against people for voicing complaints about such discrimination.

Complaining to top exec isn’t protected whistle-blowing

04/03/2013
In a case decided the same day as UTSWMC v. Gentilello, MD, the Supreme Court of Texas concluded that complaining to senior leadership about alleged illegal activity doesn’t constitute protected whistle-blowing under the Texas Whistleblower Act.