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Texas

No obligation to create indefinite light-duty job

12/03/2012
You don’t have to create permanent light-duty work for injured workers, as the following case shows.

Court: Job changes must cause real harm to form basis for employee’s lawsuit

12/03/2012
Judges don’t want to waste their time on frivolous litigation; they’ll usually act fast to dismiss sham lawsuits. That’s especially true when it is obvious the employee is complaining about what, at most, constitutes a slight inconvenience, like a shift change.

Keep the snark to yourself! If you suspect malingering, let system play out

12/03/2012
Sometimes, employees fake or exaggerate injuries in the hopes of getting paid time off. If you suspect that’s going on, don’t get angry and put vindictive roadblocks in the employee’s way. Instead, treat him the same way you treat everyone else.

Overstaffed? Take logical approach to job cuts

12/03/2012

It’s an awkward workplace problem: Despite short-staffing, the work is still getting done. It’s a sure sign a function might have too many employees. You can consider layoffs to cut costs and increase efficiency. But do it the smart way.

Hiring: List experience requirements, too

12/03/2012
When posting job openings, don’t focus solely on educational re­­quirements. Instead, be sure to clarify that job experience is also required—and provide specific examples.

Can we prohibit moonlighting?

11/13/2012

Q. Some of our full-time employees have told us that they are looking for part-time jobs to make extra income. We’re worried about how this will affect their performance at our company. Can we prohibit them from working for other employers after-hours?

Do holidays require extra pay?

11/13/2012
Q. We need some of our employees to work during the holidays. Are we required to pay them extra for those days?

Travel time: Must we begin paying employees when they leave their homes?

11/13/2012

Q. Some of our employees are required to drive our company vehicles from home to various work sites in our area. Are we required to pay them starting from the time they leave home?

More questions than answers after NLRB Facebook firing ruling

11/13/2012
By now, you have probably heard about the NLRB decision in Karl Knauz Motors, Inc. d/b/a Knauz BMW. On appeal, the NLRB agreed with the ruling of an administrative law judge  that Knauz BMW did not violate the National Labor Relations Act when it fired a salesman for making a derogatory post on Face­­book. However, employers shouldn’t take much comfort in the outcome.

DOL sues Houston emergency medical services companies

11/13/2012
The DOL has filed a lawsuit against three Houston-based ambulance companies—Pride EMS, Allyn Medical EMS and North Cypress EMS—and their common owners, seeking an injunction for alleged Fair Labor Standards Act violations.