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Texas

What is the Employee Free Choice Act?

05/06/2009

Q. Can you give me a rundown on the “card check” law everyone is so afraid will transform labor-management relations?

Minor adjustments: How to comply with federal teen labor rules

05/05/2009

Your risk of running afoul of the child labor laws has increased, and penalties can be harsh. A recent government study found a surprisingly high percentage of teen employees working longer hours than federal law allows, and also in jobs deemed too dangerous by law. Now, federal and state safety investigators are more interested than ever in child labor compliance.

Bill would allow guns in employees’ locked cars

04/08/2009

State Sen. Glenn Hegar has introduced legislation that would allow employees to bring guns to work as long as they stow them in their vehicles in company parking lots. If the bill passes, employers would not be able to prohibit their employees from keeping legally owned firearms and ammunition in their locked vehicles in company parking lots.

‘Dinosaur’ talk can revive extinct lawsuit

04/07/2009

Sometimes, one or two stupid comments are all it takes to fuel a lawsuit. Take, for example, talk that could be construed as ageist. It isn’t unusual to hear managers and supervisors throw around the word “dinosaur” or use the term “fresh blood” to describe changes to the workforce. Is it code for age discrimination?

Use outside investigator to build credibility

04/07/2009

Don’t hesitate to turn an investigation over to an expert from outside the organization when there is any doubt about fairness. Doing so may short-circuit a lawsuit. An independent investigator helps maintain the credibility of the investigation and might be able to spot well-hidden discrimination.

Beware desperate ‘whistle-blower’: Document reason for firing to stop retaliation claim

04/07/2009

Employees are often quite sophisticated about their legal rights—especially when they suspect their jobs may be on the chopping block. When they think of the lawsuit possibilities, they may even try to set up their employers. One easy way
to get a case going is to blow the whistle on alleged wrongdoing.

When employee returns from FMLA leave, ensure position is truly equivalent to former job

04/07/2009

Employees who return from FMLA-covered maternity leave are supposed to come back to the same or a substantially equivalent position. Don’t make the mistake of offering a position that has the same title and pay, but which involves very different duties. That’s especially true if those duties are more onerous for a new mother.

In down economy, it’s more important than ever to track every résumé submission

04/07/2009

If you have a fairly informal job application process, now’s the time to firm it up. The prolonged economic downturn means you’re likely to receive more and more applications. And that means more potential for lawsuits from unsuccessful job seekers.

Courts to employees who bring meritless suits: Pay up!

04/07/2009

Nothing is more frustrating than having to spend time and money defending a frivolous lawsuit. But courts are becoming just as frustrated as employers, and are increasingly assessing costs against employees who lose their lawsuits. You can’t get your time back, but at least you can recover some of your money.

Caution bosses against openly asking sensitive questions

04/07/2009
Remind managers who feel the need to ask employees sensitive questions to do so only in a private setting. Doing otherwise could trigger a defamation lawsuit.