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Texas

Houston ice cream workers get double scoop of back OT

11/13/2012
An ice cream parlor franchisee will pay almost $31,000 to 12 employees following a U.S. Department of Labor investigation that found that the Marble Slab Creamery shops violated the Fair Labor Standards Act by failing to pay overtime.

Wrongful termination: 6 steps to keep firings from burning you

11/13/2012

In most states, workers are employed on an “at will” basis, meaning employers may terminate workers at any time for any legal, nondiscriminatory reason. However, at-will status doesn’t mean you won’t get sued. Here’s how to minimize your exposure to wrongful-termination claims.

For exempt status, it’s job duties that count

11/13/2012
Giving someone a fancy title doesn’t make him an exempt employee who’s ineligible for overtime pay. Real duties determine exempt status.

Long gap after complaint won’t support retaliation claim

11/13/2012
A federal court has ruled that a two-year gap between an employee’s discrimination complaint and alleged retaliation is too long. Otherwise, employers could face retaliation claims years or even decades after resolving an original complaint.

Not picked for unpaid additional duties? That’s not grounds for discrimination suit

11/13/2012
Some government agencies and utilities have special-duty assignments—units that are called out in emergencies or during busy times. While serving on such a team may be prestigious, not being selected isn’t usually grounds for a discrimination lawsuit.

That’s so funny I forgot to laugh! What to do when joking crosses the line

11/13/2012

Some employees think that teasing each other—even about sensitive topics like race—is perfectly fine. But sometimes joking escalates to the point where what was once tolerated or even welcomed crosses the line. How you handle those situations can mean the difference between winning or losing a reverse-discrimination case.

Bias complaint? Beware retaliation claim, too

11/13/2012
Here’s an important reminder for employers when an employee alleges discrimination. Regardless of the merit of the original claim, remind supervisors they can’t retaliate.

Track all discipline to prove you don’t discriminate when punishing employees

11/12/2012

Employee lawsuits that appear out of nowhere often involve some form of alleged discrimination against someone who believes he was disciplined more harshly than other employees. That’s one reason you should routinely track all discipline.

Discipline OK even if employee has complained

11/01/2012
Courts are consistently hesitant to second-guess well-founded employment decisions. Of course, they won’t let you get away with discriminating or retaliating against an employee for filing an EEOC complaint or lawsuit. But that doesn’t mean you can’t discipline an employee if she needs prodding to meet your legitimate expectations.

When disciplining older worker, be sure to document all examples of poor performance

10/29/2012
Employees who sue for age discrimination under the ADEA must prove that, if not for illegal age discrimination, their employer wouldn’t have taken an adverse employment action. That’s why, when age may be an issue, em­­ployers are better off having several good reasons for terminating the employee.