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Texas

Tread carefully when unions settle wage claims

09/04/2012

The DOL generally takes a dim view of any attempt to negotiate away employees’ rights under the FLSA. For example, unions can’t say “no thanks” to the minimum wage or overtime pay during collective bargaining. However, there’s a difference between losing rights through the bargaining process and accepting a settlement that resolves conflicting wage claims.

Tell supervisors: Never discourage FMLA leave

09/04/2012
FMLA leave can cause major headaches for supervisors. After all, they have to make sure the work gets done while an employee is out. That can be especially difficult if they’re trying to hold off on hiring and get by with current staffing levels.

Document disciplinary details to show why same violation resulted in different punishment

08/14/2012

You probably have some general rules about what employees are and are not allowed to do. If you’re smart, your rules are flexible enough for you to tailor punishment that fits the crime. Faced with such inherent ambiguity, be sure to document the specifics of all discipline.

Consistent discipline makes it easier to beat employees’ discrimination lawsuits

08/13/2012
For employers, the best way to win discrimination lawsuits is consistency. When you enforce a workplace rule, do so for everyone who violates that rule—every time. That makes it difficult for an employee to cry discrimination over a discipline dispute.

Can we demand certification of violent employee’s alleged mental illness?

07/31/2012
Q. One of our employees physically threatened her co-workers. When confronted about the incident, the employee claimed that her behavior resulted from being bipolar. May we ask the employee to provide medical certification to prove that she is bipolar?

Texas agencies face federal sex discrimination lawsuits

07/31/2012
The U.S. Department of Justice is suing the Texas Department of Agriculture and the Texas General Land Office for alleged pay discrimination at the now-defunct Texas Department of Rural Affairs.

Coach–called a ‘poor fit’–files race bias suit

07/31/2012
When track coach and teacher Alvin Jackson was hired in September 2010, he became Frisco High School’s only black coach and core-subject teacher. Now he is suing the Frisco Independent School District, alleging that his contract wasn’t renewed this year because of race discrimination.

DOJ: Corpus Christi’s police tests biased against women

07/31/2012
Between 2005 and 2011, the Corpus Christi Police Department hired 113 male entry-level police officers—and just 12 women. The U.S. De­­part­­ment of Justice thinks it knows the reason for the disparity: a physical ability test that most men can pass but few women can.

Is it a slur, or a misinterpretation?

07/31/2012
No one tolerates the usual racial and ethnic slurs. But what about novel phrases that aren’t in the common lexicon? Can those be the basis for a racially hostile work environment claim?

Clarify internal rules for handling FMLA requests

07/31/2012
Make sure that whoever in your organization handles FMLA and other leave knows to contact HR as soon as a leave request comes in. Then make sure you send out the appropriate FMLA paperwork along with any other required documents.