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Texas

Section 1983 claim must prove discriminatory agency policy

07/29/2011
Public employees who miss the deadlines for suing under various discrimination laws sometimes get another bite at the litigation apple with a claim under Section 1983. But Section 1983 lawsuits also require public employees to show that their employers had a custom or policy that resulted in discrimination. That’s hard to do.

Employee or independent contractor? Actual working conditions dictate classification

07/29/2011

Employers sometimes think that if they hire “independent contractors,” they won’t have to worry about things like benefits, overtime and the like. But some make the mistake of ­assuming that merely because those workers sign contracts stating that they’re not employees, that’s enough. It’s not.

Need to fire someone with known medical issues? Be prepared to prove your good faith

07/29/2011

Disabled employees or those who need FMLA leave aren’t immune from following work rules. But think carefully before you punish them. It is possible to terminate an employee who has announced he needs time off or an accommodation. How­ever, you must have a legitimate rea­son—and you must be able to demonstrate that the company acted in good faith.

You must grant FMLA leave for employee who must care for badly injured adult child

07/29/2011

Eligible employees can take up to 12 weeks of unpaid FMLA leave to care for a seriously ill son or daughter. That’s true for young children, of course, but also for those older than 18 who are “incapable of self-care because of a mental or physical disability.” Don’t split hairs on this.

Know Texas deadlines for bias complaints

07/29/2011

Texas employees who claim they have been sexually harassed must file a complaint with the Texas Work­­force Commission Civil Rights Division within 180 days of the harassment. But that time limit doesn’t mean that only those acts of harassment that happened in the immediately preceding 180 days will be considered. In fact, any related acts that may have occurred earlier may be pulled into the litigation as part of a continual violation claim.

Sure, the Galleria is swanky, but is it worth a lawsuit?

07/29/2011
A former manager at Capital Title of Texas has filed suit in federal court in Houston, claiming the company fired her for refusing to color her gray hair. She claims her boss told her to dye her hair because the office was moving from Katy to the Galleria area.

Pregnant worker? Congratulate, don’t speculate

07/29/2011
We’ve said it before, and we’ll say it again: When an employee announces her pregnancy, the only appropriate response is “Con­grat­u­la­tions!” Anything else may end up being used against you later if things don’t go smoothly.

What are the rules on unpaid interns?

06/30/2011
Q. We have received résumés from many college students looking for unpaid positions this fall. Would we need to pay these interns?

Is there any new guidance on how to handle employment eligibility verification?

06/30/2011
Q. Our company needs guidance on keeping up with our obligations with regard to employment eligibility. What resources are available?

Does our I-9 software comply with the law?

06/30/2011
Q. We use an electronic I-9 software system that was developed in-house. How can we ensure it complies with federal law?