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Texas

Employees can’t hide behind FMLA to dodge legitimate discipline

03/08/2012
The 5th Circuit Court of Appeals has dismissed a lawsuit brought by a worker who claimed she was fired in retaliation for taking intermittent FMLA leave. The court ruled that she was fired for the most defensible of all reasons: She treated a customer badly.

OSHA: Euless printer clueless about safety

03/08/2012
Printing company SpeQtrum Pre­­press Production Services faces 14 serious safety and health violations and one other-than-serious violation following an OSHA inspection of its facility in Euless. Proposed penalties add up to $44,800.

Houston restaurant chain faces EEOC harassment suit

03/08/2012
Two former bartenders at Houston’s Berryhill Baja Grill have filed sexual harassment suits against the restaurant, alleging that a manager constantly harassed and groped them—and at least once, exposed himself to them.

Austin’s HBMG agrees to repay diverted retirement funds

03/08/2012
Austin-based information technology firm HBMG and its president, Manuel Zarate, have agreed to settle a lawsuit alleging the company failed to transfer employee retirement fund contributions into its 401(k) program.

OSHA to AirTran: Pay whistle-blower, let him fly

03/08/2012
OSHA has ordered AirTran, a subsidiary of Dallas-based Southwest Airlines, to pay $1 million in damages after it found the airline retaliated against a pilot who reported safety problems.

One-sided arbitration agreement won’t fly in Texas

03/08/2012
Arbitration agreements have to meet basic contract rules, including one that says both parties must be bound by its terms. Otherwise, the agreement is “illusory” and won’t be considered a binding contract.

Misclassified contractors can make you subject to TCHRA

03/08/2012
It’s complicated to determine who is an independent contractor and who is an employee. Someone you consider a contractor may turn out to be an employee under the Texas Commission on Human Rights Act (TCHRA)—and the TCHRA may cover you if those contractors turn out to be employees.

Thwart retaliation claims by documenting your rationale for handling of original complaint

03/08/2012
The fastest growing category of discrimination complaints is retaliation. The reason is simple: They are easier to win than underlying discrimination cases. All an employee has to prove is that his employer punished him in a way that would dissuade a reasonable employee from complaining in the first place. Be prepared.

Background check into workers’ comp claims isn’t subject to Fair Credit Reporting Act

03/08/2012
Here’s some good news for em­­ployers that check workers’ compensation claims against an applicant’s claim he’s never been injured on the job: You don’t have to inform him where you got the information be­­fore you take action because workers’ comp checks aren’t background in­­vestigations subject to the federal Fair Credit Reporting Act.

Borderline harassment worry? Take it seriously before it escalates into a lawsuit

03/08/2012
There’s a fine line between horsing around and true sexual har­­ass­­ment. But if you ignore that line—or guess wrong about whether a supervisor has crossed the line—you may find yourself at the mercy of a jury.