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Texas

Unions have no separate duty to ferret out discrimination

03/04/2011
Employers are obligated to make sure their employees don’t discriminate. However, unions have no similar duty to investigate and expose bias.

Good record-keeping, constant contact are key to successful FMLA administration

03/04/2011

Smart employers carefully track FMLA leave and make sure employees know their rights. That includes warning employees when their leave is about to expire and explaining their options for returning or requesting additional time off. By keeping employees informed and meticulously tracking all conversations, you make it harder for someone to successfully sue you.

Texas deadlines tighter than Ledbetter Act’s

03/04/2011
A Texas appeals court has ruled that the Lilly Ledbetter Fair Pay Act of 2009 doesn’t change the deadline for filing a claim under the Texas Labor Code. Employees still have to use the pay decision date as the start of the filing deadline.

Statewide anti-gay bias bill introduced in Legislature

03/04/2011
Texas state Rep. Mike Villarreal (D-San Antonio) has filed a bill that would prohibit Texas employers from discriminating against employees on the basis of sexual orientation, gender identity or gender expression.

Tell bosses: Don’t play doctor with the FMLA

03/04/2011

When an employee asks for and is granted FMLA leave, absences that occur during the approved leave can’t be held against him. That includes days when he might be able to work but, according to doctors, shouldn’t do so. According to a Texas court, that means employers can’t retroactively assess absenteeism points during FMLA leave.

Ready to punish slacking employee? First, have a talk with her

02/21/2011
If you hesitate to discuss problems with employees before disciplining them, it may be time to reconsider. After all, employees often admit their mistakes when confronted directly. Any admissions the employee makes during the interview can be used later to support your disciplinary decision.

Discipline worker who complained of bias–if warranted and consistent with past practice

02/21/2011

Employees who claim some form of discrimination are protected from retaliation. But that doesn’t mean employers can’t discipline employees who have complained. The key is to make sure any discipline is based on legitimate concerns and doesn’t go beyond that which other employees who didn’t complain would receive.

How long must old paychecks remain ‘live’?

02/07/2011
Q. One of our employees has not cashed a paycheck that we issued to her several months ago. How long are we required to keep the paycheck active?

Does Texas require paid holiday time off?

02/07/2011
Q. Last year, Christmas fell on a Saturday, and one of my employees who normally works Monday through Friday asked me if he would receive an extra day of pay. Are Texas employers required to provide employees with certain paid holidays?

Can I ask about attendance without violating ADA?

02/07/2011
Q. When interviewing prospective employees, will I violate the ADA by asking how many days of work they missed during the past year at their prior jobs?