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Texas

Not a matter of style: Factor safety, liability into dress code

04/30/2012

A recent HR Specialist poll found that casual attire is the norm in 88% of our readers’ workplaces. But a culture of dressing down doesn’t mean organizations don’t need a dress code. What people wear to work is more than a matter of personal preference. One area of primary concern is safety.

You must pay for training that isn’t truly voluntary

04/30/2012
Do you require employees to complete after-hours training that will ben­­efit your operations but isn’t directly job-related? If so, you must pay them for their time, unless you can show that participation is truly voluntary.

Operating in Texas and Louisiana? Don’t rely on union contract to handle safety

04/30/2012
Watch out if—like many Texas energy-industry employers—you also operate in Louisiana under the terms of a collective bargaining agreement that covers workplace safety. The 5th Circuit Court of Appeals just made life a little harder for you.

Constructive discharge claim requires showing more than hostile work environment

04/30/2012

Employees who quit and sue have a tough case to make if they allege they had no choice but to quit because conditions were so terrible. First, they must demonstrate that poor treatment created a hostile work environment. However, they must also show an additional, aggravating factor …

Beware justifying hiring or promotion with criteria that don’t appear in job description

04/30/2012
Here’s a reminder to pass on to everyone involved in the hiring or promotion process: You’re running a huge risk if you deviate from the job announcement’s minimum and preferred qualifications.

Hear me now? OSHA slams firm for noise hazards–again

04/30/2012
Apparently, Piping Technology & Products (PTP) is a noisy place—so noisy that management failed to hear OSHA the first time it cited the company a year ago. Now it must pay OSHA fines totaling $118,000 after inspectors discovered conditions leading to one willful and nine serious health and safety violations.

Always enforce ‘no unauthorized OT’ policy

04/30/2012
The first step to controlling overtime costs is to establish a sound policy forbidding unauthorized extra work for hourly employees. But a “no unauthorized overtime” policy is just the beginning. You must also enforce the policy for all nonexempt employees, and make sure managers understand why it is important.

Employee concedes shortcomings? Document it!

04/09/2012

Employees who lose their jobs have an incentive to sue—and they’ll often look for evidence of discrimination to form the basis of their lawsuits. But to win in court, employees have to show they were meeting their employer’s legitimate expectations. That’s hard to do if the employer can show the employee admitted her shortcomings.

Detailed disciplinary records show you’re not biased

04/02/2012
Employers that keep detailed disciplinary records showing exactly why an employee was disciplined are much more likely to win lawsuits. That makes it harder for an employee to argue he was singled out for unfair, discriminatory punishment.

AC contractor chills and settles sexual harassment claim

03/30/2012
Hobson Air Con­­di­­tion­­ing, a Weatherford contractor, has agreed to pay $37,500 to settle charges that a manager created a sexually hostile work environment.