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Texas

No need to create job for disabled employee

04/13/2010

What should you do if an employee becomes disabled and can’t perform the essential functions of his job under any circumstances? The employee may be entitled to a transfer to another position—if one is open and the employee is actually qualified for the position. But you don’t have to move employees around to create an opening.

Good-faith investigation of harassment cuts your liability risk — even if you were wrong

04/05/2010

Employers sometimes try to avoid taking sides when they learn of possible sexual harassment out of fear that one of the employees involved will sue. Then the situation escalates, and they end up in court anyway. The only realistic employer response: Be prepared to make tough decisions. Investigate the claim.

Follow 4 keys to legally manage employee absenteeism

03/04/2010

The costs of employee absenteeism—reflected in lost production, overtime and temporary replacements for the absent worker—can add up quickly. What’s the best way to combat the problem? With a clear policy, careful documentation, consistent application of the policy and progressive discipline.

Don’t fear personal liability for some firings

03/01/2010

If you have hiring and firing responsibilities, you may worry from time to time whether you could be held personally liable for your decisions. Now a Texas appeals court has answered that question—at least in situations involving the firing of someone who refuses to engage in an act she believes is illegal. The court said there is no personal liability.

Uniformly enforce blanket ‘no-hire’ policies

03/01/2010

Some employers don’t want to hire applicants who haven’t succeeded elsewhere and create a blanket no-hire rule for any applicant who isn’t eligible for rehire by a former employer. If you’re tempted to do the same, make sure you enforce the rule uniformly and don’t make exceptions.

EEOC: Texas awards grew in 2009, even as complaints fell

03/01/2010

Texas workers who complained about workplace sexual harassment, religious intolerance, and age and race discrimination collected $2.7 million more in FY 2009 than they did in 2008.

Prepare for parades, pickets and bullhorns: Court lifts limits on many strike activities

03/01/2010

Here’s a bit of bad news for employers with union-represented employees who are considering going out on strike: A recent 5th Circuit Court of Appeals ruling has struck down a number of picketing permit restrictions passed by local ordinance. The decision’s basis: unions’ right to free speech. The result may be some very public protests by labor unions when disputes spill over.

Hiring work-release prisoners? Some aren’t covered by FLSA’s pay, overtime rules

03/01/2010

If you’re considering hiring inmates through a work-release program, carefully weigh whether you will have to pay them as regular employees under the FLSA, or whether you may be able to pay them less. According to a recent 5th Circuit decision, prisoners specifically sentenced to hard labor may not be covered by the FLSA. Their employers may pay them less than minimum wage, and they’re not eligible for overtime pay.

Retaliation: General griping isn’t protected activity

03/01/2010

Employees sometimes gripe rather generally about working conditions. If those complaints don’t relate to some specific allegation based on protected characteristics like sex, age, national origin or the like, courts probably won’t consider the complaint protected activity that sets up a retaliation lawsuit.

Mere ‘cold shoulder’ doesn’t a hostile environment make

03/01/2010

Don’t worry too much about having a perfectly cordial workplace. As long as the workplace is relatively harmonious, courts won’t step in, as the following case shows.