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Texas

Texas limits employee’s right to claim emotional distress

09/08/2009

Texas doesn’t allow so-called intentional infliction of emotional distress claims by employees when the underlying facts show the case is covered by employment laws that address bias. That gives employees one less weapon to wield.

Former crew leader sues Teknor Color for disability bias

09/08/2009

A former Teknor Color Co. employee is suing the Jacksonville company for violating the ADA and the Civil Rights Act when it terminated her from her crew leader position.

EEOC sues San Antonio apartment company for race bias

09/08/2009

The EEOC recently filed a lawsuit against a San Antonio apartment management company for discriminating against an employee after he hired a black worker.

Can we recover the cost of a former employee’s laptop by withholding from his final paycheck?

09/08/2009

Q. An employee who recently quit has not returned a company-owned laptop computer worth more than $1,000. Can we withhold the value of the computer from the employee’s last paycheck?

Is it too late to call for a union election?

09/08/2009

Q. Someone from outside our company approached our HR vice president wishing to discuss a “personnel matter.” During the meeting, he presented the vice president with a set of union authorization cards signed by over half of the company’s employees. As the vice president flipped through the authorization cards, the individual stated that he is a union business agent and that his union represents a majority of an appropriate bargaining unit at the company. Are our employees entitled to an election to determine if they will be represented by the union?

The 5 steps of progressive discipline

09/02/2009

A progressive discipline system is the best way to correct employee performance problems. It’s also the best way to protect against wrongful termination lawsuits. It allows you to ensure that any employee fired because of inferior performance was treated fairly and in accordance with your company’s policies. Here’s a five-step model for progressive discipline:

Military family leave: DOL regs spell out employee rights

09/02/2009

In January 2009, the DOL issued new FMLA regulations that incorporated the National Defense Authorization Act of 2008, which granted new leave rights to family members of employees in the military. The regulations, for the first time, defined what a “qualifying exigency” is under the law that entitles military families to take leave. Qualified exigencies are divided into seven categories:

Preventing identity theft: 6 steps to protect employees’ data

08/11/2009

Employers have a duty to protect their employees from identity theft. The federal Fair and Accurate Credit Transaction Act (FACTA) says employers that negligently or purposely let employees’ personally identifiable data fall into the wrong hands can face fines of up to $2,500 per infraction. Here are six tips on developing a data security strategy:

Is it time to overhaul your vacation policies?

08/07/2009

Take a look around your workplace. How many of your co-workers spent all summer right there at their stations? Maybe they took a long weekend or two, but otherwise they showed up day in and day out. It might be time to make those drudges get out and go on vacation.

Dust off your benefits policies: More mandates may be on the way

08/06/2009

The federal government has slowly been introducing laws that force employers across the country to provide employee benefits: for example, the FMLA, USERRA and the ADA. Now Congress is considering several legislative initiatives that would require employers to provide additional benefits.