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Texas

No contract with employees? Feel free to change terms of employment

11/01/2010

Employers that don’t require employees to sign employment contracts are free to change the terms of employment anytime they want. By staying on the job, employees legally accept the new terms and become bound by them. That’s true even if they continue working under protest. Their only remedy would be to quit and sue over the change.

5th Cir. Court of Appeals rejects DOL interpretation of guest worker minimum-wage requirement

11/01/2010
In a sign that some courts are flexing their muscles and resisting attempts by the U.S. Department of Labor to crack down on employers, the 5th Circuit Court of Appeals has rejected an effort to force employers to cover more guest worker costs.

East Texas nursing home gets a pregnancy checkup

11/01/2010

The EEOC has sued an East Texas health care company for firing a housekeeper after learning she was pregnant. The federal agency sued Murphy Healthcare, which operates Frankston Healthcare Center, for firing Myesha Kerr, allegedly because it was concerned that she would be required to perform heavy lifting and be exposed to toxic chemicals.

Raises averaging 2.5%, forecast at 3.0% in 2011

11/01/2010
Raises for low performers are averaging 0.7% in 2010, while high performers are pulling in average raises of 3.7%, says a new WorldatWork survey of 2,500 employers. The survey forecasts higher raises in 2011.

If reorg cuts jobs, check for inadvertent bias

11/01/2010

Is your organization planning big changes that could result in layoffs? You may have no choice. But a poorly planned and implemented layoff can cost more than it saves if it invites lawsuits. That’s why it’s important to check for potential race bias or other discrimination before making final decisions.

Tell bosses: Never urge workers to retire

11/01/2010
If an older employee has to be terminated, the fact that a boss had hinted that the worker should retire will make it easier to persuade a court that age was the real motivating reason for the discharge.

Can we be liable for religious bias if we require a job applicant to cut his hair?

10/04/2010
Q. Our company requires male employees to keep their hair short. However, a recent applicant has stated that his religion doesn’t allow him to cut his hair. Will requiring him to cut his hair to get the job violate federal law?

After a brief FMLA leave, can we request a second opinion to make sure the worker is ready to return?

10/04/2010
Q. We have an employee returning from FMLA leave. His physician has issued a fitness-for-duty certificate. However, we have doubts about the worker’s ability to perform his job because he wasn’t off work very long … Can we send him to another physician for a second fitness-for-duty examination?

Watch out! These people are looking for work!

10/04/2010
Desperate times mean job-seekers are resorting to desperate measures to make their résumés stand out in a crowd. CareerBuilder.com recently asked HR pros to share recent résumé goofs they’ve encountered. As you sift through that growing stack of résumés, watch out for these applicants:

EEOC throws book at Houston firm for alleged ADA violation

10/04/2010
The EEOC is suing ENGlobal Engineering, based in Houston, for disability discrimination after the company fired a worker with multiple sclerosis. The EEOC suit alleges violations of the ADA, and seeks almost every possible kind of compensation: back pay, interest, lost wages, front pay, out-of-pocket expenses, court costs, punitive damages and damages for emotional pain and suffering, inconvenience and mental anguish.