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Texas

Does our ‘sick leave bonus’ count toward employee’s regular rate of pay?

11/30/2011
Q. We pay a bonus for not using accrued sick leave. Does that count when determining an employee’s regular rate of pay for overtime purposes?

Can we offer more vacation in lieu of OT pay?

11/30/2011
Q. May an employer compensate an employee for overtime work by awarding additional paid vacation time equal to the total accrued overtime?

Texas’ new ‘Loser Pays Law’: Employers score a win

11/30/2011

Texas employers have long been frustrated with the expense of defending against frivolous claims. Even when employers win a lawsuit, litigation can cost thousands in legal fees and lost productivity. Now at least some help is on the way. The Texas Legislature has passed the much-hyped “Loser Pays Law.”

Shared password rouses firing, lawsuit against TIAA-CREF

11/30/2011
A Texas employee of TIAA-CREF is suing the retirement fund giant after she was fired for allegedly sharing her computer password with a co-worker. In June 2011, she resigned to avoid being fired for the offense.

Time to revamp policies banning guns in parking lots

11/30/2011
Many employers have workplace violence policies that prohibit em­­ployees from possessing firearms in or around the workplace. They’ll have to rethink those policies, now that Texas has a new law that limits most em­­ployers’ right to bar employees from having firearms in vehicles parked at em­­ployers’ parking areas.

New law limits double-dipping of severance, unemployment

11/30/2011
The Texas Legislature has amended the Texas Labor Code to limit un­­employment benefits for employees who receive severance pay after losing their jobs.

Harassment: How to stop it before–and after–it starts

11/30/2011
Protect your organization from harassment lawsuits by focusing your attention on both preventive and corrective measures. Give every employee a copy of your anti-harassment policy. Train everyone to ensure they understand their rights and responsibilities.

Supervisor harassment? You can force arbitration

11/30/2011
Employers can use an arbitration clause to compel arbitration of al­­most all employment-related problems, including supervisor sexual harassment. That can limit the chance of a huge jury award.

Only one bite at the apple when it comes to bias cases

11/30/2011
A Texas court has headed off an employee’s attempt to sue twice for the same discrimination claim—once in federal court and again in Texas.

Court: Punishment for helping outsider file harassment complaint isn’t retaliation

11/30/2011
The U.S. Supreme Court’s Thompson v. North American Stain­­less decision said that it was illegal retaliation to punish the fiancé of someone who had complained about sexual harassment. But what about punishing an em­­­­­­ployee because an outsider has filed sexual harassment charges? Accord­­ing to a recent decision, that isn’t illegal under Title VII.