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Texas

DOL teams up with ABA–expect more FMLA, FLSA suits

01/07/2011
Since Dec. 13, employees with unresolved FMLA or Fair Labor Standards Act complaints with the DOL have been told of another option: a toll-free phone number that can link them to an ABA-approved attorney in their area who could handle their lawsuit.

Proceed with care during union negotiations

01/07/2011

Here’s a warning to employers facing a union for the first time. Get an attorney right away and rely on his or her advice to guide your actions. The 5th Circuit Court of Appeals has just issued a tough decision requiring an employer to rehire employees it terminated during a strike.

Call lawyer about worker’s perceived disability

01/07/2011

It may seem like the obvious move: If an employee has a medical condition that makes it impossible to do her job safely, then it makes sense to terminate her. Not so fast! Consult your attorney before you fire her.

Can we deduct pay from an exempt worker who takes FMLA leave? If so, how should we calculate it?

12/01/2010
Q. An exempt employee recently requested intermittent leave under the FMLA … FMLA leave at our company is unpaid. Can we deduct from the employee’s salary for absences of less than a day and still classify her as exempt? If so, how do we calculate how much FMLA time the employee is using?

Are we liable for defamation if we make allegations during an unemployment comp hearing?

12/01/2010
Q. We fired an employee for stealing company property. While we didn’t catch her red-handed, the circumstantial evidence was overwhelming and we felt comfortable letting her go. The employee filed an unemployment compensation claim that we contested, and now a hearing has been scheduled before an appeals referee. We would like to say at the hearing that the employee is a thief, but we’re afraid we’ll face a defamation claim because we can’t absolutely prove this charge. Would that be a well-founded concern?

Watch out for pitfalls, risks of using social media in hiring

12/01/2010
Employers are increasingly using web-based social media—such as Facebook, LinkedIn and Twitter—to screen potential employees, in addition to the usual applications, interviews, references, and background, credit and drug tests. But they don’t always recognize the potential pitfalls and risks.

Comments cost boss his job, may cost company more

12/01/2010
A former employee of H&W Industrial Services in Longview is suing the painting and cleaning contractor for sexual discrimination and harassment after a supervisor allegedly made comments about her sexual orientation.

Justice Department tells Hoover to clean up its I-9 process

12/01/2010
The U.S. Department of Justice recently announced that it has reached a settlement with the Hoover Company—which manufactures vacuum cleaners in El Paso—resolving allegations that its employment eligibility verification process discriminates against legal, permanent residents of the United States.

Cabbies charge race, religious bias at DFW Airport

12/01/2010

Approximately 250 taxi drivers have filed EEOC discrimination and retaliation complaints against Dallas/Fort Worth International Airport, alleging racial and religious bias. The cabbies, most of who are of Middle Eastern origin, allege that an airport manager referred to them as animals and called the taxi queue the “Central Zoo.”

Court affirms 45-day EEO deadline for fed workers

12/01/2010
Federal employees have just 45 days following an alleged discriminatory action to file complaints with their agency’s internal equal employment opportunity (EEO) office. Courts are increasingly holding employees to that deadline.