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Texas

Tell employees they must report sexual harassment up chain of command

10/05/2009

Looking for a way to eliminate unfounded sexual harassment claims from former employees? One way is to make sure your sexual harassment policy tells employees to keep taking their harassment claims up the chain of command if they aren’t satisfied with the first response.

Nail down documentation before firing harassment complainant

10/05/2009

Sometimes, employers have to fire employees—even those who have recently filed successful discrimination complaints. Don’t be afraid to do so. You can beat a bogus retaliation claim by making sure you have good, solid documentation to substantiate the firing.

Petro services firm settles reverse discrimination lawsuit

10/05/2009

An Alice-based oil field services company has settled a reverse race discrimination lawsuit filed by the EEOC. The commission filed the suit in 2008 on behalf of Bert Yaklin, a white parts-department employee of Coil Tubing Services, which supports the petroleum industry in Texas and Louisiana.

DOL investigation reveals OT violations in San Angelo

10/05/2009

On Sept. 4, the U.S. Department of Labor announced that a San Angelo geological services company has paid $270,950 in overtime back wages to 70 current and former employees. According to Cynthia Watson, the Wage and Hour Division’s Southwest regional administrator, “Some employees worked as many as 85 hours in a workweek without receiving overtime wages.”

A HITECH world: New law expands HIPAA enforcement power

10/05/2009

The Health Information Technology for Economic and Clinical Health (HITECH) Act, signed into law on Feb. 17, 2009, was designed to advance the use of health information technology, such as electronic health records. Among other important aspects, the HITECH Act expands the scope and enforcement power of HIPAA, with greater penalties for noncompliance.

Can we require employees to waive their rights to file an EEOC charge?

10/02/2009

Q. I know employees can be required to waive their rights to sue to resolve employment-related disputes, either through a negotiated release or binding arbitration agreement. Can an employer also require employees to agree to waive their rights to file EEOC charges?

Can we privately settle a race bias case that may be heading for the EEOC?

10/02/2009

Q. We have been threatened with a race discrimination lawsuit. Frankly, we think we made a mistake. Can we settle the matter just between the employee and us?

What’s the required timing for final paychecks?

10/02/2009

Q. What are the deadlines for paying employees who are terminated or resign from employment?

Is it OK to withhold money from employees’ final paychecks to ensure we’re reimbursed?

10/02/2009

Q. Can I make deductions from an employee’s final paycheck for outstanding expenses or company property that the employee still has in his or her possession?

Austin grocer pays $186,624 for wage-and-hour violations

10/02/2009

The U.S. Department of Labor’s Wage and Hour Division recently announced that MT Supermarket, an Austin grocery store, has paid $186,624 in back wages to 34 workers. The payment comes after an investigation of the Asian grocery store found violations of the FLSA.