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Texas

Should we change our policy to require that all harassment complaints be made in writing?

11/02/2009

Q. Our new plant manager wants me to revise our sexual harassment policy to require employees to submit complaints in writing. He says this will formalize the procedure and help ensure that only valid complaints are filed. I don’t think this is a good idea. Is it?

Can we require an exempt employee to use vacation time to coach his son’s sports team?

11/02/2009

Q. One of our supervisors wants to coach his son’s basketball team and has asked to leave work an hour early twice a week. We told him we do not have a problem with leaving early, but that he would have to use vacation time to cover the time lost. He refuses to do that and says we cannot dock his pay for the two hours because he is a salaried supervisor. Is that right?

Must we accommodate beliefs that don’t seem particularly ‘religious’?

11/02/2009

Q. We have an employee who claims to be a witch. She contends that witchcraft is her religion and has asked for certain holidays off. Are we required to accommodate this employee’s request?

Don’t use discipline system to settle old scores

10/22/2009

Do you have a progressive disciplinary system? Don’t short-circuit it!

Record infraction, punishment for every rules violation

10/21/2009

Make a note every time you take disciplinary action against an employee. You need documentation that explains why each employee was punished.

Investigate even ‘frivolous’ complaints

10/09/2009

It may be tempting to ignore complaints you suspect are frivolous or unfounded. Don’t give in to that temptation! Instead, investigate the case as you would any other. Then resolve the matter and document everything—including whom you talked to and what they said. It’s the best way to short-circuit a meritless employee lawsuit.

Seek attorney’s help on noncompete agreements

10/05/2009

It’s important to carefully tailor noncompete agreements, also known as covenants not to compete. Employers can prohibit employees from poaching customers, but it’s essential to have an attorney help you craft a covenant that will prevail in court.

Age bias nets almost $1 million for El Paso airport food manager

10/05/2009

A U.S. District Court jury in Texas has awarded $992,500 in an age discrimination lawsuit filed by a former employee of the company that provides food and beverage services for El Paso International Airport.

Texas Supreme Court: Limited employer liability for fatigue-related off-duty conduct

10/05/2009

In a much-watched case, the Texas Supreme Court has refused to expand employer liability for employee off-duty conduct. That’s good news for employers, which faced the possibility of greater liability had the court ruled differently.

Do you round off employee hours? Be sure to round both up and down

10/05/2009

Employers that round off the time on employees’ time sheets must do so in a way that doesn’t cheat hourly employees out of pay in the long run. That means that if you round down, you must also round up. Otherwise, your time records won’t reflect all hours worked, leading to potential violations of overtime and other wage-and-hour laws.