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Texas

Work the ADA process when it isn’t obvious an employee has a qualifying disability

06/30/2011

Sometimes, employees jump right into requesting reasonable accommodations, even if it’s not obvious they have a disabling medical condition. Does the employer automatically violate the law by refusing to consider the request? That’s the question the 5th Circuit Court of Appeals just answered.

Voodoo a religion? Texas HHS about to find out

06/30/2011
A former employee of the Texas Health and Human Services Com­mis­sion has accused the state agency of retaliation and discrimination on the basis of her religion—voodoo.

Employee must prove ‘willful’ FLSA violation

06/30/2011
The FLSA can be a trap for employers that don’t properly classify their workers. In fact, getting classification wrong can lead to class-action lawsuits and large back-pay awards. And to confuse things even more, if the employer acted “willfully,” employees get those double awards going back three years. Now the 5th Circuit Court of Ap­peals has at least made it a little harder for employees to collect those damages for three years.

Layoff OK after FMLA leave–with justification

06/30/2011
Employees who take FMLA leave don’t get greater protection from layoffs than employees who don’t take leave. As long as you can show that you would have eliminated a job even if the employee had not taken FMLA leave, the termination is fine.

What laws apply in foreign workplaces?

06/01/2011
Q. Our company has employees stationed outside the United States. A situation recently occurred that raised the question: Do U.S. employment laws apply to employees of American companies working outside the United States?

Does the WARN Act require notifying workers if we sell part of our business?

06/01/2011
Q. My company is selling a portion of our business in which we employ more than 100 workers. Do we have any special obligations to provide notice to these employees?

What are the rules governing employment of minors for summer seasonal work?

06/01/2011
Q. We are considering hiring several high school students to work at our company for the summer. What statutes or regulations do we need to consider?

Houston company faces class-action COBRA lawsuit

06/01/2011
A former employee of Brunel Energy Inc. is suing the company for failing to notify her of her right to maintain her health insurance coverage after she quit in 2010—and she has proposed making the case a class-action lawsuit that could involve hundreds of other former employees.

Cable installers will split $270,000 in back overtime pay

06/01/2011
Integral Devel­opment Solutions LLC, a Plano cable TV installation company, must pay $270,696 in back over­time to 114 workers it incorrectly classified as independent contractors instead of employees.

OSHA accident probe burns China Grove bakery

06/01/2011
A tip-off that prompted OSHA to investigate a South Texas commercial bakery could lead to fines totaling almost $230,000. But it wasn’t employee whistle-blowing that led the federal agency to crack down on Lone Star Bakery.