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Texas

Employee says he’s not using FMLA? Note that for the record

05/06/2010

Some employees may want to save up their FMLA leave for an anticipated event like a birth or upcoming surgery. Even if they’re eligible for intermittent FMLA leave, they may request that they not be docked for the time off. If you agree not to charge the time off against FMLA leave, make sure you document the request. Then feel free to treat the absences as you would any other absence under your attendance policy.

Terminating after FMLA leave expires? Be sure to apply rule consistently

05/06/2010

You can terminate employees who are unable to return to their jobs after their FMLA leave has expired. Just make sure you’re consistent. If you apply the same termination rule to all employees—regardless of race, age, sex or membership in any other protected category—you won’t have to worry about lawsuits.

Rate of union membership jumped in Texas in 2009

05/06/2010
According to the latest numbers from the Bureau of Labor Statistics, Texas gained almost 60,000 union jobs last year, and the rate of union membership grew from 4.5% in 2008 to 5.1% in 2009.

Ledbetter timing applies to Texas cases, too

05/06/2010

Here’s a big new worry for Texas employers: Employees who want to sue over long-ago discriminatory pay decisions can do so within 180 days of the last discriminatory paycheck, at least according to one state appeals court. The 1st Court of Appeals has ruled that the federal Lilly Ledbetter Fair Pay Act applies to discrimination cases under the Texas Commission on Human Rights Act as well as Title VII claims.

Keep good disciplinary records, win lawsuits

05/01/2010

You know how important it is to consistently apply disciplinary rules and ensure no form of bias creeps into the disciplinary process. That’s one reason it’s crucial for HR to keep disciplinary records on file. If employees allege that you disciplined them in a discriminatory way, you’ll be able to show no one was treated more favorably than anyone else.

Can we reduce pay for exempt employee who will miss work for intermittent FMLA leave?

04/15/2010
Q. One of our salaried supervisors has informed us that he needs to take two hours off work each week for the next two months to undergo medical treatment. His physician has certified his illness as a “serious health condition” under the FMLA. May we reduce his pay for the time he will miss work, or are we required to continue to pay his full salary to retain his exempt status under the Fair Labor Standards Act?

What are our obligations to prevent employees from accessing Internet porn at work?

04/15/2010
Q. All of our employees have Internet access at their workstations. We have heard rumors that several employees have been visiting pornographic and other inappropriate web sites, and displaying and disseminating objectionable material to others in the workplace. Even though we have not received a formal complaint, do we have an obligation to address this now? What steps can we take to avoid these problems?

Florence company to pay quarry workers for back overtime

04/15/2010
The U.S. Department of Labor has announced that Cobra Stone will pay its quarry workers $364,403 in overtime back wages. The Florence-based company, which produces natural stone for construction projects, will pay the back wages to 169 current and former employees.

Beaumont Autoplex worker files race discrimination suit

04/15/2010
A former employee is suing Mike Smith Autoplex and Group 1 Automotive, claiming he was forced to resign from the Beaumont car dealer because of his race.

Katrina cleanup workers get $1 million in back OT

04/15/2010

The U.S. Department of Labor’s Wage and Hour Division has settled a lawsuit against an Irving-based engineering and construction firm for failing to pay employees assigned to cleanup crews following Hurricane Katrina. The overtime award to the workers: $1 million. Under a consent judgment, Fluor Enterprises, which was the general contractor with FEMA, will pay 154 workers.